Allowed

Ashok Sah v. The State of Bihar

Patna HC19 May 2023CR. MISC./2793/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous matter, the Patna High Court granted bail to the petitioner in a case involving allegations of assault, injury, and snatching under various sections of the Indian Penal Code, fixing a bail bond and sureties with conditions regarding attendance and non-tampering.

What did the court decide?

Petitioner released on bail bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the Chief Judicial Magistrate, Bettiah, subject to conditions of attendance and non-tampering.

Ashok Sah Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2793 of 2023

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Arising Out of PS. Case No.-151 Year-2020 Thana- MAJHAULIA District- West Champaran

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======================================================

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ASHOK SAH S/O LATE RAMESHWAR SAH R/V- DUDHA CHATURI, P.S.- MAJHAULIA,DISTRICT- WEST CHAMPARAN

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 19-05-2023

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Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner seeks bail in connection with Majhaulia P.S. Case No. 151 of 2020 dated 19.03.2020 registered for the offence under Sections 147, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

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The petitioner is alleged to have assaulted the informant and her husband by means of lathi causing them injury. He also snatched the mangal sutra from the informant.

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Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous land dispute. He further submits that according to the F.IR, the petitioner along with another coaccused, Rajan Sah assaulted the informant and her husband by

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Patna High Court CR. MISC. No.2793 of 2023(3) dt.19-05-2023 2/3

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lathi. He further submits that the injury sustained by the informant and her husband is opined to be simple in nature and caused by a hard and blunt substance. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 20.04.2022.

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Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

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Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 151 of 2020 with the following conditions:-

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(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

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(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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Patna High Court CR. MISC. No.2793 of 2023(3) dt.19-05-2023 3/3

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And, further condition that the court below shall verify

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the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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brajesh/-

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U T

Ashok Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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