Uga Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55851 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== Uga Sahani S/O Mridangi Sahni R/O Village-Tiwari Matihaniya, P.SBishwambharpur @ Vishambharpur, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and Shri Ajit Kumar, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Bishwambharpur P.S. Case No. 95 of 2020 instituted for the offences under Sections 341, 323, 324, 307, 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 14.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that while he along with villagers was returning from a marriage ceremony, then they were intercepted by the petitioner and named accused persons who assaulted them

Patna High Court CR. MISC. No.55851 of 2021(2) dt.22-02-2022 2/2 and the petitioner also assaulted the informant by a sword on his neck.

Learned counsel for the petitioner submits that from perusal of the allegation in the F.I.R., it would manifest that the petitioner and the informant are villagers and they were knowing each other and it appears that in the heat of the moment, the occurrence took place. It is submitted that the injury report clearly discloses that all the injuries are simple in nature and further there is a delay in instituting the F.I.R. without any plausible explanation.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 14.07.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and the injuries are simple in nature, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bishwambharpur P.S. Case No. 95 of 2020.

(Satyavrat Verma, J) Gaurav Kumar/- U T