Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80386 of 2019 Arising Out of PS. Case No.-246 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== UPENDRA SAH Son of Late Raj Kumar Sah Resident of Village - Katalpur, P.S. - Baikunthpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 342, 323, 365, 324, 307, 504 and 34 of the Indian Penal Code..

The prosecution case in short is that on account of land dispute, the accused persons assaulted informant and others due to which they sustained injuries.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.10.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The nature of injury is said to be simple caused by hard and blunt substance whereas the as per the allegation, the petitioner

Patna High Court CR. MISC. No.80386 of 2019(4) dt.17-03-2020 2/2 used the knife in course of occurrence. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R. M. Tiwari, Judicial Magistrate, 1st Class, Gopalganj in connection with Baikunthpur P.S. Case No. 246 of 2019. (Sudhir Singh, J) Pankaj/- U T