Naresh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18557 of 2023 Arising Out of PS. Case No.-140 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== NARESH DAS S/O- Mohan Das Village- Kachoudi Ps- Sherghati Dist- Gaya Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354D, 379, 427, 504, 506 & 188 of the Indian Penal Code.
The allegation against the petitioner is that during course of scuffle he torn the blouse of daughter-in-law of the informant.
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. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land
Patna High Court CR. MISC. No.18557 of 2023(3) dt.03-07-2023 2/2 dispute between the parties and a Title Suit No.161 of 2018 is pending in the Court of learned Munsif, Sherghati, Gaya. The injury sustained by the victim is simple in nature. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
Having regard to the facts and circumstances of the case as well as the fact that no specific overt act has been attributed against the petitioner and the reason behind the occurrence is land dispute which is civil in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sherghati P.S. Case No. 140 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