Sahadat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32655 of 2022 Arising Out of PS. Case No.-237 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== SAHADAT ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 307, 354, 379, 384, 504, 506, 34 of the IPC.

Allegedly, the accused persons named in F.I.R. including the petitioner assaulted the informant's side. Petitioner is said to have given blow by an iron rod on informant's head. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to land dispute. The entire allegation against the petitioner is totally false, frivolous and concocted. No such occurrence, in the manner as alleged, has ever taken place. It is further stated that the occurrence took place on 18.08.2021 but FIR was lodged on 28.08.2021 after 10

Patna High Court CR. MISC. No.32655 of 2022(3) dt.28-11-2022 2/2 days of occurrence without any explanation of delay. The mother of petitioner filed a case against the informant. There is land dispute between the parties. There is no mention of injury whether it is simple or grievous in nature. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is land dispute between the parties and there is no mention about the nature of injury, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kochadhaman P.S. Case No.237 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T