Udhavchand Sah @ Udhavchandra Sah @ Uday Chandra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20499 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- HATHUA District- Gopalganj ====================================================== Udhavchand Sah @ Udhavchandra Sah @ Uday Chandra Sah S/o Bhola Sah @ Amarnath Sah @ Jagarnath Sah R/o Chainpur Hatta, P.S. - Hathua, Dist. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prince Kumar Mishra For the Informant/s :
Mr. Pritesh Ranjan, Mayank Mohan For the State :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 447, 342, 323, 324, 325, 307, 504, 506, 379/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner is alleged to have assaulted the father of the informant due to which he sustained injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both parties are next door neighbor and due to passage dispute, the petitioner has falsely been implicated in this case. The petitioner has got no criminal antecedent as stated in para-3 of the bail
Patna High Court CR. MISC. No.20499 of 2024(3) dt.26-04-2024 2/2 petition and he is languishing in judicial custody since 7.11.2023. Moreover, similarly situated co-accused namely, Tarkeshwar Sah has already been granted bail by this Court vide order dt. 11.9.2023 passed in Cr. Misc. No. 59641 of 2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hathua P.S. Case No. 143 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Gopalganj.
(Sunil Kumar Panwar, J) Amandeep/- U T