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Patna High CourtCR. MISC./75123/2019bail granted

Chandan Sah @ Chandan Kumar Sah v. The State Of Bihar

2019-11-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75123 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== CHANDAN SAH @ CHANDAN KUMAR SAH Son of Hridya Sah Resident of Village-Sakhe Khas, P.S.-Uchakagaon, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Uchakagaon P.S. Case No. 118 of 2019 registered for the offence punishable under Sections 341, 342, 323, 324, 307, 325, 427 and 504/34 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein having assaulted the informant and his family members and as far as the petitioner is concerned, he is said to have inflicted farsa blow on the head of the son of the informant.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is submitted that though the case diary along with the injury report

Patna High Court CR. MISC. No.75123 of 2019(2) dt.25-11-2019 2/2 was called for by the learned court below, however, the same was not made available, hence, it is apparent that there is no corresponding injury, thus, the petitioner cannot be said to be having any complicity in the matter. It is further submitted that the present case arises out of this case and a counter case filed by the petitioner herein on the same day. It is also submitted that the petitioner is an accused in one another case, filed by the informant of the present case, however, he is on bail in the said case.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Uchakagaon P.S. Case No. 118 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T