Nawal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80142 of 2023 Arising Out of PS. Case No.-106 Year-2022 Thana- MEHSI District- East Champaran ====================================================== NAWAL SAH Son of Jailal Sah R/o vill - Mithanpura, P.S. - Mehsi, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-12-2023 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Mehsi P.S. Case No.106 of 2022 registered for the offence under Sections 341, 323, 354B, 307, 379, 504, 506/34 of the Indian Penal Code.

3.

The allegation against the petitioner is to have assaulted the informant's side by means of lathi, danda, farsa, iron-rod, etc. along with other co-accused persons. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It has further submitted that there is case and counter case between the parties and both the parties

Patna High Court CR. MISC. No.80142 of 2023(2) dt.20-12-2023 2/2 are agnates. It has further been submitted that there is only one injury on the head of injured, namely, Srikant Sah. It has further been submitted that similarly situated co-accused persons have already been granted bail by one of the learned co-ordinate Bench of this Court vide order dated 26.07.2023 passed in Cr. Misc. No. 34048 of 2023. It is further submitted that the petitioner is in custody since 15.09.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and similarly situated co-accused persons have already been granted bail by co-ordinate Bench of this Court, let the petitioner, above named, is directed to be released on bail in connection with Mehsi P.S. Case No.106 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran.

(Ramesh Chand Malviya, J) S.Katyayan/- Mayank/- U T