Ramnarayan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50900 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- GAMAHARIYA District- Madhepura ====================================================== RAMNARAYAN SAH S/o LATE RAGHUNI SAH R/o VILLAGEKANHUYA GODHIYARI, P.S-GAMHARIYA, DISTRICT-MADHEPURA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.
The allegation against the petitioner is that he along with other accused persons have indiscriminately assaulted the informant's side.
Patna High Court CR. MISC. No.50900 of 2021(2) dt.29-04-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The injuries sustained by the informant's side, as per the injury report, are simple in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties and both sides have sustained injuries. It is further submitted that the date of occurrence is 20.02.2021 but the F.I.R. has been lodged on 13.03.2021 i.e. after a delay of 21 days and no plausible explanation has been given in this regard, which creates doubt about the prosecution case. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, considering the delay in lodging the F.I.R. and that there is case and counter-case between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/-
Patna High Court CR. MISC. No.50900 of 2021(2) dt.29-04-2022 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Gamhariya P.S. Case No.40/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T