Nagendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19751 of 2022 Arising Out of PS. Case No.-323 Year-2020 Thana- KHAIRA District- Saran ====================================================== NAGENDRA SAH Son of Late Dev Narayan Sah Resident of Village - Kadipur Nagara, P.S.- Khaira, Distt.- Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the State :

Mr.Mohammad Sufyan For the Informant Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks regular bail in connection with Khaira P.S. Case No. 323 of 2020 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 354B, 379, 504 of the Indian Penal Code.

As per prosecution case, there is allegation against the petitioner to assault Aditya Kumar at his left wrist by means of knife.

Patna High Court CR. MISC. No.19751 of 2022(2) dt.07-06-2022 2/3 Learned counsel for the petitioner submits that petitioner bears no criminal antecedent. He is in custody since 15.12.2021. He further submits that the alleged occurrence took place on 19.10.2020 and the FIR was lodged on 25.10.2020 thereby causing six days delay and no plausible explanation has been given.

The learned A.P.P. for the State and learned counsel for the informant vehemently oppose the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and nature of allegation, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge, Saran, Chapra in connection with Khaira P.S. Case No. 323 of 2020 corresponding to Sessions Trial No. 641/2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive

Patna High Court CR. MISC. No.19751 of 2022(2) dt.07-06-2022 3/3 dates would be a ground for cancellation of bail by the learned Trial court itself.

(Alok Kumar Pandey, J) shahzad/- U T