Ruplal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37569 of 2020 Arising Out of PS. Case No.-95 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== RUPLAL SAH SON OF RAM RATAN SAH RESIDENT OF VILLAGE DHAMAPAKAR, P.S.- MANJHAGARH, DISTRICT- GOPALGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramadhar Shekhar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code. Allegedly, in the preceding night, while the informant was sitting at his door, the accused persons having armed came there and started fixing bamboo with intention to take forceful possession over the land. On protest, the accused persons started abusing and also assaultd the informant as a result of which, the informant sustained bleeding injury. It is also alleged that while the sons, the daughter and the brother of the informant came to rescue him, they were also assaulted.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.37569 of 2020(2) dt.14-07-2021 2/2 The petitioner has been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The nature of injury is said to be simple.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 95 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T