Siyaram Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29785 of 2023 Arising Out of PS. Case No.-903 Year-2019 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Siyaram Sah Son Village- Jailakh, Sakarpura, P.S. Bakhri, Distt. Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandri Devi wife of Late Ramchandra Sah Village- Buchai tola Ps- Alauli Dist- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 903C of 2019 registered for the offence punishable under Sections 420, 467, 468, 471, 323, 354 and 120B of the Indian Penal Code.

It is alleged that the petitioner has executed a sale deed in respect of informant's land, and on objection, the informant has been assaulted.

Learned counsel for the petitioner submits that a predominantly civil dispute regarding right over the disputed land forms the basis of petitioner's false implication, allegations

Patna High Court CR. MISC. No.29785 of 2023(2) dt.14-07-2023 2/3 are not supported by any injury report. The petitioner has no antecedents.

Learned APP for the State has opposed the prayer for pre-arrest bail.

Considering the rival submissions, nature of allegations, there being no injury report to sustain the allegations, and clean antecedents, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM IVth, Khagaria in connection with Complaint Case No. 903C of 2019, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is

Patna High Court CR. MISC. No.29785 of 2023(2) dt.14-07-2023 3/3 any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) uttam/- U T