Pawan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3072 of 2023 Arising Out of PS. Case No.-127 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Pawan Sah Son Of Nirdhan Sah R/O Village- Shahpur, P.S.- Begusarai Muffasil (LOKHO O.P.), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 379, 308, 504, 506 and 34 of the Indian Penal Code. As per prosecution case, allegation against the petitioner is that he along with other co-accused persons, entered into the house of the informant with abusive languages and assaulted the informant and her family members. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is specific allegation against co-accused Shravan Sah, full brother of the petitioner, who was apprehended

Patna High Court CR. MISC. No.3072 of 2023(2) dt.28-03-2023 2/2 by the police and completing the investigation against him the police has filed charge-sheet and found case to be true and keeping the investigation pending against the petitioner, accordingly learned court below took cognizance against Shravan Sah only. He further submits that the injury was found simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the nature of the injury, let the above named petitioner, be released on bail, in the event of his 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 Begusarai Muffasil (Lakho O.P.) P.S. Case No. 127 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T