Banti Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83656 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- PALANWA District- East Champaran ====================================================== BANTI SAH S/O LATE MAKHAN SAH R/O VILLAGE- BHARVALIYA, P.S- PALANAWA, DISTT.- EAST CHAMPARAN, MOTIHARI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 307, 354(B), 379, 504, 506, 34 of the IPC.

3.

Allegedly, the petitioner is said to have assaulted the informant on his head with farsa and other accused persons assaulted and misbehaved with the family members of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. For the alleged occurrence, there is case and counter-case between

Patna High Court CR. MISC. No.83656 of 2023(2) dt.09-01-2024 2/2 the parties. Both sides have sustained injuries, which have been found simple in nature. There is admitted land dispute between the parties. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since both sides have sustained injuries, 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 Palanawa P.S. Case No.136 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T