Hira Sah @ Heera Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75714 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== HIRA SAH @ HEERA SAH Son of Babulal Sah R/o vill - Phuliya Khand, Sheorajpur, P.s. - Bairiya, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 307, 379, 354, 504, 506/34 of the Indian Penal Code.

3. As per FIR, it is a case of assaulting by the petitioner and other co-accused persons due to which, the informant and his family members sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. He submitted that both the parties are neighbour and there is admitted land dispute between both the parties, which is genesis of this occurrence and it has been categorically mentioned in the FIR that the

Patna High Court CR. MISC. No.75714 of 2023(2) dt.29-11-2023 2/2 occurrence took place due to the dispute of land on which new house was in construction. There has been delay of about four days in lodging in the FIR. There is general and omnibus allegation against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran in connection with Bairiya P.S. Case No. 142 of 2022. (Sunil Kumar Panwar, J) Arish/- U T