Umesh Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58416 of 2024 Arising Out of PS. Case No.-351 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== Umesh Sada S/O Bindeshwari Sada R/O Village- Chhatapur Ward No.-15, P.S- Chhatapur, Distt.- Supaul.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Chhatapur P.S. Case No. 351 of 2022 dated 19.09.2022, instituted for the offence punishable under Sections 147, 148, 149, 447, 448, 323, 324, 308, 379, 354(B), 504, 506 of the Indian Penal Code. Later on, vide order dated 15.03.2023, Sections have been amended as 447, 341, 323, 324, 307, 504/34 of the I.P.C
3. The allegation against the petitioner and one Shivachand Sada is that they assaulted with sword on the head of father of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.58416 of 2024(3) dt.26-10-2024 2/2 case. It is further submitted that date of occurrence is 16.09.2022 but the FIR was lodged on 19.09.2022 i.e. after three days without any plausible explanation. The injury report reveals that injury caused to the father of the informant is simple in nature caused by sharp object. Injury no. 1 is mentioned as sharp cutting at scalp of less than 1 cm, 1⁄4 cm skin deep. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Chhatapur P.S. Case No. 351 of 2022, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM Vth Supaul, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) sankalp/- U T