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Patna High CourtCR. MISC./32765/2025allowed

Prince Sah @ Prince Kumar v. The State Of Bihar

2025-05-19Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32765 of 2025 Arising Out of PS. Case No.-67 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Prince Sah @ Prince Kumar S/o- Manoj Sah Village- Mithihaniya Salehpur, PS-Vishambharpur, District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr. Murli Dhar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Vishambharpur P.S. Case No.67 of 2024 instituted under Sections 341, 323, 324, 307, 379, 504 & 506/34 of the Indian Penal Code.

3. As per the prosecution case, 15 accused persons including the petitioner armed with deadly weapons came at the house of the informant and assaulted the informant and his family members. The allegation against the petitioner is that he repeatedly gave blow with rod to the informant causing injury to him.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to land dispute. He further submits that there is case

Patna High Court CR. MISC. No.32765 of 2025(2) dt.19-05-2025 2/3 and counter case between the parties and the petitioner also has sustained injury in the same occurrence. Learned counsel submits that the dispute between the parties arose due to plucking the mango. He further submits that both the parties are Pattidar. Learned counsel submits that petitioner has no criminal antecedent. He further submits that similarly situated co-accused persons, namely, Manoj Sah, Krishna Sah and Raju Sah have been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 13.11.2024 passed in Cr. Misc. No.76829 of 2024. Petitioner undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrat-Ist Class, Gopalganj in connection with Vishambharpur P.S. Case No.67 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik

Patna High Court CR. MISC. No.32765 of 2025(2) dt.19-05-2025 3/3 Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T