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Patna High CourtCR. MISC./27488/2023bail granted

Ramphal Sah @ Ramphal Sahu v. The State Of Bihar

2023-07-12Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27488 of 2023 Arising Out of PS. Case No.-47 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== RAMPHAL SAH @ RAMPHAL SAHU S/o- LATE MOTI LAL SAH Village- Chhithi Hanuman Nagar ward no-12, Ps- Bhaptiyahi Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmeshwar Mehta, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-07-2023 Heard Mr. Parmeshwar Mehta, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Bhaptiyahi PS Case No. 47/2022 dated 26.04.2022 registered for the offence punishable under Sections 341, 323, 379, 308, 504, 506/34 of the IPC.

3. As per prosecution story, petitioner gave a Dabiya blow upon the informant due to which he sustained injury. It has further been alleged that other unknown accused persons have also assaulted the informant.

4. Learned counsel for the petitioner submits that there is a land dispute between the parties and injury caused to the informant is simple in nature which would be evident from

Patna High Court CR. MISC. No.27488 of 2023(2) dt.12-07-2023 2/2 Annexure-4.

5. Regards being had to the submissions made by the parties, taking into consideration the fact that there is a previous land dispute between the parties, the injury caused to the informant is simple in nature, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, Ramphal Sah @ Ramphal Sahu, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi PS Case No. 47/2022, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T