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Patna High CourtCR. MISC./70835/2021bail granted

Arvind Sah v. The State Of Bihar

2022-06-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70835 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== ARVIND SAH Son of Late Ram Ishwar Sah Resident of Village - Malpur, Police Station - Patepur, District - Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the six named accused persons including the petitioner herein are said to have come to the shop of the informant. It is stated that as a result of land dispute between the parties, the accused started to abuse the informant. On the informant resisting, the petitioner caught the informant by his neck and pushed him while Ranjit Sah and Bhupendra Rai assaulted with a sword and a khanti. Chandan Kumar threatened his nephew with the pistol.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From

Patna High Court CR. MISC. No.70835 of 2021(2) dt.06-06-2022 2/2 perusal of the FIR itself it would be evident that the false implication of the petitioner is because of pending land dispute between the parties. The petitioner is not alleged to be carrying any arm. The allegations are mainly against Ranjit Sah, Bhupendra Rai and Chandan Kumar. The petitioner is in custody since 17.10.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the petitioner being in custody for more than 7 months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Patepur P.S. Case no. 150 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur. (Partha Sarthy, J) Spd/- U T