Vindeshwari Sah @ Bindeshwari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59185 of 2023 Arising Out of PS. Case No.-399 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== Vindeshwari Sah @ Bindeshwari Sah S/O Late Mahadeo Sah R/O VillageBanhaura Sota Tola,Ps.Nautan/ Jagdishpur, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 302, 504 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including the petitioner is that they armed with sticks, bricks, stones etc came to the house of the informant and started abusing and assaulting the informant and his family members. It is further alleged that in the meantime co-accused, namely, Birendra Sah attacked on the head of one Yamuna Sah due to which he sustained injury and

Patna High Court CR. MISC. No.59185 of 2023(2) dt.04-09-2023 2/3 during treatment he succumbed to injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land dispute. FIR was lodged after a delay of six days. There is no specific allegation of assaulting attributed to this petitioner rather specific allegation of assaulting is against co-accused Birendra Sah who has already been granted bail vide order dated 08.02.2023 passed in Cr. Misc. No. 32399 of 2022 and the case of this petitioner stands on better footing. It is further submitted that the petitioner is languishing in judicial custody since 15.6.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jagdishpur (Nautan O.P.) P.S. Case No. 399 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.59185 of 2023(2) dt.04-09-2023 3/3 sureties of the like amount each to the satisfaction of learned S.D.J.M., West Champaran, Bettiah.

(Sunil Kumar Panwar, J) sushma/- U