Dasai Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23355 of 2023 Arising Out of PS. Case No.-196 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== DASAI SAH SON OF LATE CHULHAI SAH @ SUKHAL SAH RESIDENT OF VILLAGE - DHOBOULIYA (DAYA CHHAPRA), P.S. - CHAKIA, DISTT. - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

As per prosecution case, seven FIR named accused persons including this petitioner, armed with sword, farsa and iron rod came and started abusing the informant's father and mother and on protest they caught them and also assaulted them

Patna High Court CR. MISC. No.23355 of 2023(2) dt.22-05-2023 2/3 by farsa and sword as a result of which they sustained injuries. It is further alleged that the accused persons snatched golden chain and cash of Rs. 20,000/- from the mother of informant. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner is senior citizen and suffering from old disease. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. He further submitted that the other co-accused has already by granted bail by this Bench vide order dated 19.04.2022 passed in Cr. Misc. No. 65735 of 2021. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 03.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M.,

Patna High Court CR. MISC. No.23355 of 2023(2) dt.22-05-2023 3/3 Motihari, East Champaran in connection with Chakia P.S. Case No. 196 of 2021.

(Sunil Kumar Panwar, J) arish/- U T