Anil Shaw @ Anil Saw @ Anil Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85228 of 2019 Arising Out of PS. Case No.-546 Year-2019 Thana- DIGHA District- Patna ====================================================== ANIL SHAW @ ANIL SAW @ ANIL SHAH Son of Gorakh Saw, Resident of Mohalla - Makhdumpur Gate No. 88, P.S.- Digha, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 354, 308, 379, 504, 447/34 of the Indian Penal Code. Prosecution case is that the petitioner has been assigned for abusing the causing hurt to the informant and other with regard to construction over the land of the informant in lane and further Kundan Kumar, Chhotu Kumar brother of Anil Shaw @ Anil Saw, Vikash Kumar, Rajesh Saw, Munna Saw and his family members assaulted the informant and her cousin mother in-law namely Asha Devi by lathi & rod due to which Asha Devi sustained head injury and thereafter the informant and other due to fear started to go in her house then accused

Patna High Court CR. MISC. No.85228 of 2019(2) dt.14-02-2020 2/3 Anil Shaw @ Anil Saw and his son entered into the house of the informant and scuffling with the informant with bad intention due to which she sustained right thumb injury thereafter villagers came and save them. It is further alleged that the son of informant taken away gold chain from the neck of the cousin mother-in-law of the informant.

Learned counsel for the petitioner submits that there is no direct and specific allegation against the petitioner and there is land dispute between the parties. The petitioner has been falsely implicated in this case and the informant's family closed the land and due to said path some altercation took place between the parties. Petitioner has got no criminal antecedent. As per FIR, there is direct allegation the co-accused Anil Shaw @ Anil Shaw @ Anil Saw and witnesses have supported the case and the injury report is available at Annexure-2 where injuries are simple in nature. In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.85228 of 2019(2) dt.14-02-2020 3/3 satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna in connection with Digha P.S. Case No. 546 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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