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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67595 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.

Arjun Kumar Sah @ Arjun Sah Son Of Baiju Sah Resident Of VillageBakhtiyarpur Tole Matiyara, P.S.- Chakmehsi, Kalyanpur, DistrictSamastipur. 2.

Ramdev Sah @ Lal Babu @ Lal Babu Sah Son of Baiju Sah Resident of Village- Bakhtiyarpur Tole Matiyara, P.S.- Chakmehsi, Kalyanpur, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

It appears that vide order dated 06.09.2022, the petition with regard to petitioner No. 2 has already been withdrawn.

The petitioner No. 1 is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 448, 341, 323, 324, 326, 307, 354(B), 504, 506 of the Indian Penal Code. The prosecution case as per F.I.R is that while

Patna High Court CR. MISC. No.67595 of 2021(4) dt.17-10-2022 2/3 the informant was at his home, co-accused Baiju Sah and his family members came to his house and forcibly attempted to take him along. His mother and brother then came to save him then co-accused Ramdev Sah knocked his mother down on the ground and tore her blouse. Co-accused Arjun Sah assaulted his brother. On the next day, the accused caught hold his brother Vidyanand Mahto and dragged him to their campus where Ramdev Sah sprinkled petrol and Arjun Sah (petitioner No. 1) lit a matchstick causing him burn injuries.

It is submitted by learned counsel for the petitioner No. 1 that in the background of some land dispute, the present F.I.R has been registered. There is counter version of the occurrence also and petitioner's side also received injuries and burn injuries. There is no accusation of repeating the blow. A statement has been made in para 3 of the petition that petitioner No. 1 has no criminal antecedent.

Patna High Court CR. MISC. No.67595 of 2021(4) dt.17-10-2022 3/3 Learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for anticipatory bail of the petitioner No. 1.

In the facts and circumstance of the case, let the petitioner No. 1, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Samastipur in connection with Chakmehsi P.S. Case No. 76 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T