Pundeo Sah @ Pundadeo Sah @ Punyadeo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3900 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Pundeo Sah @ Pundadeo Sah @ Punyadeo Sah Son of Late Mangal Sah Resident of Village - Phulwariya, Ward No.08, P.S. - Sugauli, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 244 of 2023 instituted for the offences under Sections 447, 341, 323, 379, 307/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner, on the asking of his mother, has assaulted the Informant by means of knife on her back due to which she sustained grievous injury and blood started to oozing out. It is also alleged that the petitioner has also taken away Rs. 10,000/- from her box. When the husband of the Informant came, she was taken to P.H.C. for her treatment.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.3900 of 2024(2) dt.30-01-2024 2/2 petitioner is innocent and has falsely been implicated in the present case due to village politics. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.06.2023. He further submits that there is a delay of 45 days in instituting the F.I.R. and there is no plausible explanation for such delay. He further submits that as per injury report issued by the Community Health Center, Sugauli, East Champaran, the alleged injury is simple in nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Sugauli P.S. Case No. 244 of 2023. (Rudra Prakash Mishra, J) rishi/- U T