← Library
Patna High CourtCR. MISC./1417/2024dismissed

Subhash Sah v. The State Of Bihar

2024-02-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1417 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Subhash Sah Son of Vijaisah @ Bijaisah Resident of Village - Churaman Patti, Police Station - Nautan, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP For the Informant :

Mr.Umesh Kumar Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

Petitioner is apprehending his arrest in connection with Nautan P.S. Case No.295 of 2023, registered for the offence punishable u/s 147, 149, 341, 323, 324, 307, 379, 354(B), 504 of the IPC.

3.

Allegedly, the petitioner along with other co-accused is said to have assaulted the informant and his family members by various weapons.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever

Patna High Court CR. MISC. No.1417 of 2024(2) dt.07-02-2024 2/2 taken place. There is general and omnibus allegation against the petitioner. It is further submitted that petitioner is alleged to have assaulted the informant by farsa and fairly submits that the injury was found grievous in nature. It is submitted that petitioner's side has also sustained injury but not grievous in nature. Petitioner has one criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that there is specific allegation against the petitioner and the injury of the injured was found grievous in nature.

6.

Considering the aforesaid facts and circumstances and that the petitioner is the author of the grievous injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T