Sanjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61468 of 2023 Arising Out of PS. Case No.-122 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Sanjay Sah Son Of Late Gandhi Sah Village- Salempur, Ps- Piprakothi, DistEast Champaran At Motihari ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar For the Opposite Party/s :
Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 324, 354, 379, 447, 308, 504, 506, 34 of the Indian Penal Code.
3. As per prosecution case, the accused persons including the petitioner came at the house of informant and starting abusing and assaulting his family members. In that course, the petitioner is said to have assaulted by iron rod to the informant and his brother due to which both of them sustained injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. For the alleged occurrence
Patna High Court CR. MISC. No.61468 of 2023(2) dt.22-09-2023 2/2 of 26.5.2023, the FIR was lodged on 1.6.2023 after delay of 5 days. The injury report of the informant which is at page 17 of the petition, shows that the injury is simple in nature caused by sharp cut object. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 25.7.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Piprakothi P.S. Case No. 122 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T