Bambam Sah @ Pintu Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72731 of 2023 Arising Out of PS. Case No.-389 Year-2023 Thana- SONEPUR District- Saran ====================================================== Bambam Sah @ Pintu Kumar Sah Son Of Late Deo Nath Sah VillagePravezabad Sonepur Ps- Sonepur Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Sonepur P.S. Case No. 389 of 2023 dated 23.05.2023, instituted for the offence punishable under Sections 341, 323, 379, 435, 436, 504, 354, 506, 34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 23.05.2023 at about 7 am, the informant was at his door. In the meantime, the accused persons armed with lathi, danda, iron rod and kerosene oil came there. Thereafter, the accused persons assaulted him and his family members and took Rs. 10,000/- and jewelries and also burnt the house of the informant.
Patna High Court CR. MISC. No.72731 of 2023(2) dt.09-11-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is a civil dispute between the parties and a Title Suit bearing No. 83 of 1987 has been filed by the Grandfather of the petitioner and in the said title suit, the order was passed in favour of the grandfather of the petitioner on 13.01.1997 due to which the petitioner has been falsely made accused in the present case. It is next submitted that there is no injury report on the record in this case. Learned counsel further submits that there is no evidence to show that the house was set on fire. Lastly, it has been submitted that the petitioner has one criminal case against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sonepur P.S. Case No. 389 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra, subject to condition as laid down under
Patna High Court CR. MISC. No.72731 of 2023(2) dt.09-11-2023 3/3 Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T