Motilal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37893 of 2023 Arising Out of PS. Case No.-238 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== MOTILAL SAH Son of Punyadeo Sah Resident of Village- Rupdih, PSMuffasil, District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 149, 341, 323, 325, 307, 379 and 427 of the Indian Penal Code.
3. As per prosecution case, the allegation against the petitioner along with others is of assaulting the informant and his sons, due to which they sustained injury. It is further alleged that the accused persons snatched golden chain worth of Rs. 1,10,000/- from the neck of the informant's son and damaged
Patna High Court CR. MISC. No.37893 of 2023(4) dt.28-08-2023 2/3 the mobile worth of Rs. 40,000/-.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the wife of Narayan Prasad also lodged a counter case against the informant on 23.03.2023 in connection with Muffasil P.S. Case No. 237 of 2023. He submitted that Raj Kishore Sah fired upon the pistol on the Narayan Prasad, the said case lodged by the Pratima Devi in Muffasil P.S. 237 of 2023 on 23.03.2023 after that the informant lodged the false case against the petitioner on same date. He further submitted that charge-sheet has not been submitted u/s 307 of the IPC after completing the investigation. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.37893 of 2023(4) dt.28-08-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Motihari Muffasil P.S. Case No. 238 of 2023.
7. The appearance of the Investigating Officer is here by dispensed with.
(Sunil Kumar Panwar, J) arish/- U