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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50809 of 2022 Arising Out of PS. Case No.-121 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== Shrawan Sah @ Shrawan Kumar Sah Son Of Late Shiv Narayan Sah R/O Village- Birnoudh, Sah Tola, Near Primary School, Birnondh, P.S.- Gouradih, District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandrasekhar Sharma For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 327, 307, 448, 504 and 506 read with 34 of the Indian Penal Code. As per the prosecution case, the petitioner and the coaccused persons entered the house of the informant and the petitioner and the co-accused Arvind Sah caught hold of the informant and the other co-accused Madan Kumar assaulted on the head of the informant's head with iron rod with intend to kill. When the informant fell on the ground all the accused persons further assaulted him.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.50809 of 2022(2) dt.13-12-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. The specific allegation of assault on the head of the informant is against the co-accused Madan Kumar. The other co-accused person has already been granted bail by the Co-ordiante Bench vide order dated 24.11.2022. passed in Criminal Misc. No. 39281 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the informant sustained injury on his head.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Sabaur Goradih P.S. Case No. 121 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T