Indrachandra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62242 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- BHIMPUR District- Supaul ====================================================== Indrachandra Sah Son of Late Laxmi Sah, Resident of Ward No.12, Village - Belaganj, P.S. - Bhimpur, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Goutam, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

3. According to prosecution case, the informant Rajeev Kumar Sah alleging therein that on 22.01.2023 at about 03:00 P.M. accused petitioners along with four other co-accused persons and 4-5 unknown persons being armed with various weapon came to the door of informant and co-accused Shivchandra Sah assaulted on his head by means of sword and Nutan Devi also assaulted by menas of iron-rod. It is further alleged that co-accused Pavitri Devi and petitioner Indrachandra Sah assaulted the informant's wife by means of Dabiya and

Patna High Court CR. MISC. No.62242 of 2023(2) dt.18-10-2023 2/3 iron-rod respectively, due to which she sustained injury on her head and hand and co-accused Suman Ranjan and Lalu Devi assaulted the informant's father and his mother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is that he assaulted the informant's wife by means of Dabiya and iron-rod upon the head but the injury report of the informant suggest that the injury was found simple in nature as stated in para-14 of this bail application. Similarly situated co-accused, namely, Shivchand Sah @ Shivchandra Sah has been enlarged on bail by this Court vide order dated 23.08.2023 passed in Cr. Misc. No. 44781 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.62242 of 2023(2) dt.18-10-2023 3/3 Court below where the case is pending/successor Court in connection with Bhimpur P.S. Case No. 14 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T