Shashi Bhushan Sah @ Bhushi Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43280 of 2023 Arising Out of PS. Case No.-247 Year-2016 Thana- TARAIYA District- Saran ====================================================== Shashi Bhushan Sah @ Bhushi Sah, S/O- Jitlal Sah, R/O Village- Taraiya, P.S.- Taraiya, Dist. Saran At Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh For the Opposite Party/s :
Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Taraiya P.S. Case No. 247 of 2016 dated 02.11.2016 registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code pending in the learned Court below.
3. As per the prosecution story, the informant alleged that one co-accused Rajesh Sah assaulted him by means of dab and when his family members came to rescue him, this petitioner along with other co-accused persons assaulted his family members by means of barchhi, sword and knife. The informant further alleged that one co-accused Shrikant Sah snatched a gold chain from him and one co-accused Sonu Kumar Sah snatched Rs.10,000/- from his pocket.
Patna High Court CR. MISC. No.43280 of 2023(2) dt.10-08-2023 2/2
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He submits that there is case and counter case in between both the parties. He submits that both the sides have sustained injuries and the injuries were found to be simple in nature. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances as well as the nature of injuries, I am inclined to grant anticipatory bail to the petitioner. Accordingly, let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case in pending/Successor Court, in connection with Taraiya P.S. Case No. 247 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) annu/- U T