Shailesh Shah @ Shailesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82136 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== Shailesh Shah @ Shailesh Sah S/O Arvind Shah Resident of village- Rampur khurd, P.S- Gopalpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhakar Singh, Adv.
:
Mr. Pranav Bhaskar, Adv.
:
Mr. Birottam Narayan Singh, Adv.
For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 506 and 34 of the Indian Penal Code.
3. The case of the prosecution is that on 14.05.2024 at 6:30 P.M, the father of the informant namely Maheshwar Prasad went to throw cow dung in fields. Due to previous enmity in orchestra, the petitioner along with other 7 persons being armed with lathi and iron rod surrounded the father of the informant and assaulted him. It is also alleged that Rohit Shah assaulted with iron rod and Raja with knife. It is further alleged that Rohit, Raja, Prakash and Shailesh (petitioner) assaulted with
Patna High Court CR. MISC. No.82136 of 2024(3) dt.30-01-2025 2/3 iron rod, knife and dab due to which he received injuries on his head and chest. The accused persons assaulted him and threatened of dire consequences.
4.Learned counsel for the petitioner submits that the occurrence is of 14.05.2024 whereas the information to police was given on 20.05.2024. It is further submitted that from perusal of the FIR it is clear that the nature of allegation is general and omnibus and it is clear that no specific weapon is attributed to any of the accused persons. The allegation is that Maheshwar prasad was assaulted with lathi, danda, dab and knife but from perusal of the FIR it transpires that there was no injury of dab or knife on the injured. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 02.09.2024.
5. Learned APP appearing for the state and learned counsel for the informant opposed the prayer of regular bail. Learned counsel for the informant submitted that it is explained in the FIR itself that as the informant was busy in treatment of the injured they have filed this case at the later stage. 6.Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.82136 of 2024(3) dt.30-01-2025 3/3 petitioner is directed to be released on bail in connection with Gopalpur P.S. Case No. 108 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Gopalganj.
(Ashok Kumar Pandey, J) Suruchi/- U T