Anil Saw @ Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59985 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- KHAIRA District- Jamui ====================================================== Anil Saw @ Anil Sah, aged about 56 years, Male, Son of late Gajo Saw, Resident of Village - Kharainch, P.S.- Khaira, District- Jamui ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar Sharma, Advocate.

For the Opposite Party :

Mr.Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 302 and 504/34 of the IPC. The prosecution story, in brief, is that on 28.04.2019 at about 11. A.M. in the day, Nandlal Rawat husband of the informant, plucking Sag in his land. In the meantime, Shanti Devi, Neelam Devi, Bindu Devi came and started claiming to be their own land by abusing him. In the meantime, younger son of Shanti Devi, assaulted with strong Bamboo on the head of the informant's husband with an intention to kill him as a result of

Patna High Court CR. MISC. No.59985 of 2019(2) dt.23-10-2019 2/3 which, he fell down on the earth. Thereafter, the mother of Sanjay Sao pelted bricks causing injury on left eye of Nandlal as a result of which blood started oozing from eye and nose. Thereafter this petitioner and another co-accused Anil Sao, S/O Binod Sao, assaulted with Lathi-Danda to the informant's husband. The husband of the informant was admitted in hospital at Khaira from where he was referred to P.M.C.H., Patna but on the way, he died.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 29.04.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. General and omnibus allegation has been made against the petitioner. No specific injury is attributed against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.59985 of 2019(2) dt.23-10-2019 3/3 the like amount each to the satisfaction of the learned C.J.M., Jamui, in connection with Khaira P.S. Case No. 124 of 2019. (Sudhir Singh, J) U.K./- U T