Sharwan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3812 of 2023 Arising Out of PS. Case No.-166 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== SHARWAN SAH SON OF RAM CHANDRA SAH R/O VILL.- RAGHUPUR BALAT, P.S.- RAJNAGAR, DISTT.- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Soban Asghar For the Opposite Party/s :
Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard the parties.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 504, 506, 323, 324, 325, 354, 379, 34 of the Indian Penal Code. The allegation against the petitioner is that he assaulted the informant by means of tengari due to which he sustained injury.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties and both the sides are agnates. He further submits
Patna High Court CR. MISC. No.3812 of 2023(3) dt.11-05-2023 2/2 that similarly situated co-accused persons have been granted bail by this Court on 29.09.2022 passed in Cr. Misc. No.22038 of 2022. Petitioner has two criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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 Rajnagar P.S. Case No.166 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T