Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43036 of 2023 Arising Out of PS. Case No.-345 Year-2022 Thana- LAURIA District- West Champaran ====================================================== Sunil Sah Son Of Balaji Sah @ Balji Sah Resident Of Village-Marhiya Ward No 12, Ps -Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/324/307/379/504/354/506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person of clean antecedent and the informant alleged that Sunil assaulted his mother by farsa causing injury on head, thereafter Sandesh assaulted his mother by an iron rod on back hand. Thereafter Sanket assaulted by iron rod causing injury on head. Thereafter, Babulal assaulted his father by rod causing injury on head and Satyendra assaulted by lathi causing injury on hand and also assaulted his aunt by rod on chest, back

Patna High Court CR. MISC. No.43036 of 2023(2) dt.17-08-2023 2/3 and waist. It is next alleged that Rajan and Sandesh also assaulted his sister causing injury on finger and back. Thereafter, Sobha and Savitri assaulted his another sister. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that from perusal of the allegation alleged in the FIR it would malicious that informant alleges that all the 13 accused persons came and assaulted his mother and, thereafter, he alleged that petitioner assaulted his mother by Farsa causing cut injury. But then from perusal of the injury report it would manifest that no doubt the injury is found to be grievous but then it is caused by hard and blunt substance. It is thus submitted that the injury does not corroborate the allegation as is alleged by the informant in the FIR. It is next submitted that petitioner side and the informant side are agnate and are having land dispute.

4. Considering the submission of the learned counsel for the petitioner, the petitioner, above named, is directed to be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st ,

Patna High Court CR. MISC. No.43036 of 2023(2) dt.17-08-2023 3/3 Bettiah, West Champaran/Successor Court in connection with Lauriya P.S. Case No.345 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Satyavrat Verma, J) Mkr./- U T