Gopal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39072 of 2024 Arising Out of PS. Case No.-911 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Gopal Sah son of Pundeo Sah @ Punyadev Sah Village- Daroga Tola PsBanjariya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 504, 506, 354, 307 of the IPC.

3.

As per the prosecution case, the the informant took Rs.3500/- from the petitioner for treatment of her husband and thereafter started demanding Rs.10,000/- including interest. It is alleged that while demanding the said money, he abused the informant and on protest, assaulted her by holding her and also inflicted knife blow on her hips.

4.

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 grudge. No such occurrence, in the manner as alleged, has ever taken place. It is

Patna High Court CR. MISC. No.39072 of 2024(2) dt.10-07-2024 2/2 submitted that the alleged occurrence is said to have taken place on 13.09.2022 but the F.I.R. has been lodged on 19.09.2022 i.e. after delay of six days without giving any plausible explanation, which itself creates doubt about the prosecution case. Furthermore, the injury of the informant has been found simple in nature. Petitioner has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature and considering the delay in lodging the F.I.R., 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 Turkauliya Banjariya P.S. Case No.911 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T