Pawan Kumar Sah @ Pawan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52674 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- MANIHARI District- Katihar ====================================================== PAWAN KUMAR SAH @ PAWAN SAH Son of Late Ram Chandra Sah Resident of Village - Babupur Katakosh, P.s.- Manihari, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2022 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, 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, 324, 354(a), 307, 504, 506, 34 of the Indian Penal Code.

The allegation against the petitioner is that he has assaulted the informant's brother-in-law and her husband. 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

Patna High Court CR. MISC. No.52674 of 2021(3) dt.22-06-2022 2/2 the manner as alleged, has ever taken place. There is an admitted land dispute between the parties, as such, petitioner has been made accused in this case. A free fight has taken place between the parties, in which both sides have sustained simple injuries. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Vide order dated 10.05.2022, case diary and injury report were called for. The same has been received and after going through the injury report, it is evident that the injuries are simple in nature. Having regard to the facts and circumstances of the case, 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/- (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 Manihari P.S. Case No.10/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T