Haricharan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49543 of 2021 Arising Out of PS. Case No.-323 Year-2020 Thana- KHAIRA District- Saran ====================================================== HARICHARAN SAH S/O ASHOK SAH R/o village- Kadipur, P.S.- Khaira (Nagra O.P.), Distt.- Saran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Bihari Tiwary, Adv.
For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-03-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 147, 149, 341, 323, 324, 354B and 379 of the Indian Penal Code. As per the prosecution case, seven named accused persons including the petitioner herein are said to have come variously armed and the allegation against the petitioner is of having assaulted Binod Sah with a rod.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the F.I.R. There is case and counter case between the parties wherein in the counter case lodged by this petitioner himself, the younger brother of the petitioner was killed. The petitioner is
Patna High Court CR. MISC. No.49543 of 2021(3) dt.08-03-2022 2/2 in custody since 26.6.2021 and the injuries have been found to be simple in nature.
The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Having heard learned counsel for the parties and taking into consideration the facts of the case, injury report of Binod Sah on whom the petitioner is said to have assaulted with a rod, the Court is not inclined to enlarge the petitioner on bail for the present and the application is rejected.
Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody.
(Partha Sarthy, J) Bibhash/- U