Shivchand Sah @ Shivchandra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44781 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- BHIMPUR District- Supaul ====================================================== SHIVCHAND SAH @ SHIVCHANDRA SAH SON OF LAT LAXMI SAH RESIDENT OF WARD NO 12 VILLAGE BELAGNAJ PS BHIMPUR DIST SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 324, 307, 379, 504 & 34 IPC. 3.

Petitioner is said to have assaulted the informant over his head and hand by means of sword and on the order of petitioner, Nutan Devi was also assaulting him by iron rod. 4.

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 due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. There is case and counter-case between the parties and both sides are agnates. It is submitted that the injury of the

Patna High Court CR. MISC. No.44781 of 2023(2) dt.23-08-2023 2/2 informant was found simple in nature. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering that the injury is simple in nature, 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 Bhimpur P.S. Case No.14/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T