Paras Shah @ Paras Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21682 of 2023 Arising Out of PS. Case No.-53 Year-2022 Thana- BATHNAHA District- Sitamarhi ====================================================== Paras Shah @ Paras Sah Son Of Sagar Sah Resident Of Village- Yamuna Barahi, Ps- Bathnaha, Distt- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bathnaha P.S. Case No. 53 of 2022 dated 07.03.2022, instituted for the offence punishable under Sections 341, 323, 307, 354, 504, 325, 34 of the Indian Penal Code.
3. The Prosecution case, in short, is that on 03.02.2022 at about 09:30 am, the petitioner along with other co-accused came to the shop of informant, with weapons demanding Rangdari. Further it is alleged that petitioner with co-accused disrobe informant and took Rs. 15,000/- and a gold chain worth Rs. 1 lakh and also assaulted informant's husband
Patna High Court CR. MISC. No.21682 of 2023(2) dt.18-05-2023 2/3 with iron rod, the accused persons put a towel around his neck and started pulling both the ends of the towel.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that both the petitioner and informant are shopkeepers adjacent to each other. He further submitted that the present case is nothing but the counter blast to the case lodged by the father of the petitioner bearing Bathnaha P.S. Case No. 52 of 2022 under Sections 341, 323, 379, 504, 34 of the Indian Penal Code. Learned counsel for the petitioner further submitted that the allegation against the petitioner is that he gave iron rod blow to the husband of the informant but there is no allegation of repetition of assault. Lastly, it has been submitted that the petitioner is in custody since 03.01.2023 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.21682 of 2023(2) dt.18-05-2023 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in Bathnaha P.S. Case No.53 of 2022. (Khatim Reza, J) Sankalp/- U T