Satyendra Sah @ Satendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26120 of 2025 Arising Out of PS. Case No.-723 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Satyendra Sah @ Satendra Sah S/o Late Sakaldeo Sah Resident of VillageMirganj, Hakim Tola, P.S-Mirganj, District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Pratap Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2025 Heard Mr. Uday Pratap Singh, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Gopalganj Town P.S. Case No.723 of 2022 for the offence under sections 147, 148, 149, 323, 341, 325, 307, 354B, 324, 504 and 506 of the IPC lodged on 03.09.2022 by the informant, Tara Devi.

3. As per the prosecution story, the informant alleged that this petitioner along with one Prabhu Nath Prasad and some other accused persons assaulted and outraged her modesty. This led to the FIR.

4. Learned counsel for the petitioner submits that though the informant/complainant alleges about treatment at Sadar Hospital, Gopalganj, no external injury was found. There is land dispute between the parties. Though, he concedes that

Patna High Court CR. MISC. No.26120 of 2025(2) dt.05-05-2025 2/3 the matter was of the year 2022, he never came to know that a complaint was filed, the petitioner has no criminal antecedent, and the last submission is that he wants to contribue Rs.10,000/- (Rupees Ten Thousand) to the informant.

5. Learned APP opposes the prayer submitting that the assault that was made by the petitioner, naturally, external injury cannot be found.

6. Taking into account the submissions of the parties as also that there is land dispute between the parties, he do not have criminal antecedent, will face the music, as the FIR has been lodged, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions, subject to the payment of Rs.10,000/- (Rupees Ten Thousand) to the informant, Tara Devi by way of Demand draft issued by the local State Bank of India through the Trial Court after checking her credentials.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Gopalganj, in connection with Gopalganj Town P.S. Case No.723 of 2022, subject to the

Patna High Court CR. MISC. No.26120 of 2025(2) dt.05-05-2025 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) anand/- U T