Krishna Sah @ Krishna Prasad Sah @ Krishna Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75760 of 2024 Arising Out of PS. Case No.-147 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Krishna Sah @ Krishna Prasad Sah @ Krishna Prasad Son of Late Jagbharan Sah Resident of Village- Kabirpur, P.S.- Mohammadpur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-10-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Mahammadpur Police Station Case No. 147 of 2023, dated 20.06.2023, disclosing offences punishable under Sections 341/323/307/504/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that in the morning of 18.06.2023, when the aunt of the informant was grooming the courtyard, in the mean while, hot exchange of words took place between the informant's aunt, namely, Kanti Devi and co-accused Chandrawati Devi. It has further been alleged that thereafter other co-accused persons arrived there and assaulted the informant's aunt, uncle and other family
Patna High Court CR. MISC. No.75760 of 2024(2) dt.25-10-2024 2/3 members by means of sword, tangi etc.. The petitioner assaulted the informant and his uncle by means of tangi on their heads, causing injuries to them.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous land dispute between the parties, who are agnates. He further submits that a counter case, bearing Mohammadpur Police Station Case No. 148 of 2023, has been lodged by the petitioner against the informant and others. He next submits that the grievous inujury caused to the informant is on his right fore arm, which is not attributable to the petitioner. He further submits that coaccused Chandrawati Devi has been granted anticipatory bail by this Court, vide order, dated 20.02.2024, passed in Criminal Misc. No. 6725 of 2024. He next submits that the petitioner is in custody since 22.08.2024.
5. Regards being had to the submissions made by the parties and taking into consideration the materials available on record and the fact that there is land dispute between the parties, there is case and counter case and the petitioner is in custody since 22.08.2024, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.75760 of 2024(2) dt.25-10-2024 3/3
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Mohammadpur Police Station Case No. 147 of 2023.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √