Patna High CourtCR. MISC./43079/2024bail rejected

Biltu Sah v. The State Of Bihar

2024-10-25Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43079 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Biltu Sah Son of Late Lagan Sah R/O Village Ababkarpur, P.S.- Goraul (Kathara O.P.), District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sudha, Advocate For the State :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner is apprehending his arrest in connection with Goraul (Kathara O.P) P.S. Case No. 01 of 2024 for the offence under Sections 341, 323, 307, 379, 447, 354, 504, 506 and 34 of the Indian Penal Code lodged on 02.01.2024 by the informant, Samudri Devi.

3. As per the prosecution story, the allegation is that under a conspiracy, the accused persons surrounded the house and later upon the order of the Biltu Sah, assaulted Rajesh Sah, causing injury on his head and he fall on the ground. Further, Mahesh Sah took away Rs. 5,000/- from the shop and the wife of Rahul also snatched the gold chain of Rajesh Sah. Allegation is also against the wife of Jeetu Sah of having assaulted on the

Patna High Court CR. MISC. No.43079 of 2024(3) dt.25-10-2024 2/2 private part, the villagers came to rescue thereafter the injured was taken to the hospital. Accordingly, the F.I.R.

4. Learned counsel for the petitioner submits that the informant is not an eye witness and an omnibus allegation against all accused including this petitioner.

5. Learned counsel for the informant has pointed that a bare perusal of the F.I.R. would show that specific allegation is against this petitioner of having brought the arm and assaulted the injured.

6. Taking into account the aforesaid submissions put forward by the parties, the anticipatory bail application of the petitioner stands rejected.

7. However, if the petitioner surrenders within a period of four weeks the Trial Court shall take up the matter and dispose it of preferably on the same day.

(Rajiv Roy, J) vinayak/- U T