Patna High CourtCR. MISC./61025/2024bail granted

Mantu Sah v. The State Of Bihar

2024-09-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61025 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== Mantu Sah Son Of Rajendra Sah Resident Of Village - Gangasagar, P.S. - Shreepur, District - Gopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anand Vardhan, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Shreepur P.S. case No. 50 of 2024 instituted for the offences under Sections 341, 323, 354, 325, 307, 504 and 506 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the petitioner came to the house of informant and started assaulting him due to which he sustained injuries. When the people from nearby places, the petitioner fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The parties are neighbours. There is admitted land dispute between them from before. The nature of the

Patna High Court CR. MISC. No.61025 of 2024(2) dt.04-09-2024 2/2 injuries sustained by the informant is simple in nature. In this case, after completion of investigation, the police submitted final form against the petitioner but the Court below differed with the same and took cognizance against the petitioner. The petitioner is in custody since 25.04.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shreepur P.S. case No. 50 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T