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Patna High CourtCR. MISC./19067/2023allowed

Acchelal Sah v. The State Of Bihar

2023-07-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19067 of 2023 Arising Out of PS. Case No.-355 Year-2022 Thana- THAWE District- Gopalganj ====================================================== Acchelal Sah Son Of Ramesh Sah Resident Of Village- Pithauri, Ps- Thawe, Distt- Gopalganj Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 354 and 379/34 of the Indian Penal Code. As per the FIR, it is alleged that all the accused persons including the petitioner assaulted the husband of the informant and when the informant came to save her husband, she was also assaulted.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no overt act alleged against the petitioner. The petitioner and the informant are the family members and due to some property dispute, the petitioner has

Patna High Court CR. MISC. No.19067 of 2023(3) dt.03-07-2023 2/2 maliciously been roped in the present case. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Thawe P.S. Case No. 355 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T