Vikash Sah @ Vikas Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14830 of 2020 Arising Out of PS. Case No.-195 Year-2019 Thana- DAUDPUR District- Saran ====================================================== VIKASH SAH @ VIKAS SAH Son of Kalu Sah Resident of VillageHarashpura, P.S.- Daudpur, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 307 and 447/34 of the Indian Penal Code.

The prosecution case, in brief, is that informant purchased a land through registered sale deed in the name of his wife and given Rs.3 lakhs to Kallu Sah. While the informant was watching his newly constructed house on the land purchased by him, all the named accused persons including the petitioner are said to have reached there and assaulted him. Petitioner is said to have assaulted him with Dab on the neck of the informant and he fell on the ground. On the alarm raised by his wife, vicinity of the people rushed to the place of occurrence

Patna High Court CR. MISC. No.14830 of 2020(6) dt.17-12-2020 2/3 and the accused persons managed to escape.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute and dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, the father of the petitioner, namely, Kalu Sah has sold his land to the informant and in the said transaction Rs.50,000/- was due on the informant for which the petitioner and his family members always requesting him to pay the same but he was not ready to pay the same and, in retaliation thereto, this false and frivolous case has been lodged against them. He has no criminal antecedent.

Similarly situated co-accused, namely, Kalu Sah @ Kallu Sah has been enlarged on regular bail by a co-ordinate bench of this court vide order dated 05.02.2020 passed in Cr. Misc. No. 7996 of 2020. I have perused the case record including the case diary and the injury report, injury is simple in nature.

Patna High Court CR. MISC. No.14830 of 2020(6) dt.17-12-2020 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIV, Saran at Chapra in connection with Daudpur P.S. Case No. 195 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T