Mundrika Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66032 of 2024 Arising Out of PS. Case No.-204 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Mundrika Sah Son of Late Anup Sah Resident of Village- Belwa Rai Pothiya Tola, Ward No- 07, PS-Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2024 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have assaulted the informant and his mother brutally by means of deadly weapons due to which they sustained injuries. They also snatched Rs. 2,000/- from the pocket of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no

Patna High Court CR. MISC. No.66032 of 2024(2) dt.03-10-2024 2/3 offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Both the parties are next door neighbours and there is admitted land dispute between them. Both sides have filed cases against each other. Though there is direct allegation against the petitioner to assault the informant's mother by means of farsa, but as per the injury report, the injury sustained by her was found simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case as well as considering the nature of the injury sustained by the injured i.e. simple, 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 Court below where the case is pending/successor Court in connection with Turkauliya P.S.

Patna High Court CR. MISC. No.66032 of 2024(2) dt.03-10-2024 3/3 Case No. 204 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T