Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29801 of 2021 Arising Out of PS. Case No.-99 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== Upendra Sah Son Of Late Badari Sah Resident Of Village- Gajahar Lakhraj, Ward No.2, P.S.- Tribeniganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Tribeniganj P.S. Case No. 99/2019, dated 03.04.2019 corresponding to G.R. No. 6133/19 registered for the offence punishable under Sections 147, 149, 447, 341, 323, 307, 354 (B) and 379 of the Indian Penal Code. As per the prosecution case, allegation against the petitioner is that petitioner in association with other named co-accused persons armed with deadly weapons reached at the house of the informant and brutally assaulted informant's family members. They assaulted informant's brother-in-law with iron rod, lathi, sword causing injury

Patna High Court CR. MISC. No.29801 of 2021(2) dt.23-07-2021 2/2 to him.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that coaccused Satya Narayan Sah @ Sat Narayan Sah against whom there is allegation of assaulting by means of iron-rod on the head of victim Umesh Mandal, has been granted bail by this Hon'ble Court vide order dated 18.09.2019 passed in Cr. Misc. No. 58583 of 2019. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 20.12.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to 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 Tribeniganj P.S. Case No. 99 of 2019.

(Anjani Kumar Sharan, J) GAURAV S./- U