Dasai Sahni @ Dasai Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38563 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== DASAI SAHNI @ DASAI CHAUDHARY Son of Late Amin Sahani Resident of village - Hathiyahi, P.S. - Pipra Kothi, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raki Alam For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Pipra Kothi P.S. Case No. 213 of 2022, registered for the offence punishable under Sections 272, 273, 308, 414/34 of the Indian Penal Code and Section 25(1-b)a/26 of the Arms Act and Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Amendment Act, 2018.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that alleged recovery has been made from open field and the petitioner has no concern with the alleged recovered articles. Petitioner is in custody since 24.02.2023.
Patna High Court CR. MISC. No.38563 of 2023(2) dt.05-07-2023 2/2 Learned APP has vehemently opposed the prayer for bail.
Considering the fact that because of the land dispute, the petitioner and others have assaulted the informant due to which he sustained injury and also considering the period of custody, this application is allowed.
Let the petitioner, above named, 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 Exclusive Special Excise Court No.1, Civil Court, East Champaran at Motihari-845401 in connection with Pipra Kothi P.S. Case No. 213 of 2022.
This is also subject to the conditions that (I) the petitioner shall mark his presence in Pipra Kothi Police Station, District- East Champaran at Motihari on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.
(Sandeep Kumar, J) Ranjeet/- U T