Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27875 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- BALUA BAZAR District- Supaul ====================================================== Chandan Sah S/O Bijal Sah R/O Village- Sarswatipur, Ward No. 1, P.S- Balua Bazar (O.P. Lalitgram), Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Balua Bazar (Lalit Gram O.P.) P.S. Case no. 23 of 2023 instituted for the offence under Sections 341, 323, 324, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused person is that they assaulted the informant and his family members due to which they sustained injury. It is further alleged that this petitioner assaulted on the head of the informant by means of rod.

4. Learned counsel for the petitioners submits that the petitioner is innocent and committed no offence. He has falsely

Patna High Court CR. MISC. No.27875 of 2024(4) dt.19-07-2024 2/2 been implicated in this case due to land dispute. There is case and counter case between the parties. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. Learned APP appearing for the state has vehemently opposed the prayer of anticipatory bail and submitted that there is specific allegation against the petitioner to assault upon the head of the informant. From perusal of the injury report which has been annexed in the case diary by which it appears that the informant got fracture of temporal bone right 2x1 cm and the same is grievous in nature.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The petitioner is directed to surrender before learned court below and prays for regular bail, the same shall be considered by the court below, without being prejudiced by the order of this Court.

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