Anticipatory bail application in a Sanhaulla PS case involving Sections 323/341/307/504 IPC arising from a land dispute between agnates. The court found the allegations general and omnibus and granted bail on surrender within four weeks with conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4927 of 2023
Arising Out of PS. Case No.-179 Year-2019 Thana- SANHAULA District- Bhagalpur
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Baleshwar Sah, male, aged about 48 years, S/o Bhoopal Sah R/o VillageNagdaha, P.S.- Sanhaulla, Distt- Bhagalpur.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Anand, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 22-05-2023
Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.
The petitioner apprehends arrest in Sanhaulla Police Station (for brevity, PS) Case No 179 of 2019 registered for the offence punishable under Sections 323, 341, 307, 504/34 of Indian Penal Code.
From the First Information Report (for brevity ‘FIR’), it appears that the accused persons have assaulted the informant and her family members arising out of a dispute over title and possession of certain lands said to be recently acquired by the informant’s husband. The parties are also agnates, as his apparent from the FIR itself.
Learned counsel for the petitioner submits that having no antecedent the petitioner has been implicated in this case arising
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out of land dispute between the agnates. In fact, the scuffle has taken place on a trivial issue. The FIR also does not disclose any specific assault against the petitioner, whereas against the others there is specific allegation.
The learned APP has opposed the prayer for bail. Considering the rival submissions and in view of the general and omnibus nature of allegation made in the FIR taking in background the land dispute as also the fact that the parties are agnates, this Court, for the limited purposes of grant of bail, is, thus, inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail is allowed.
Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 learned Additional Chief Judicial Magistrate, XI, Bhagalpur in connection with Sanhaulla P.S. Case No. 179 of 2019 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure and also the following conditions:-
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how
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he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
ravikr/-
U T
1 issue framed by the court
Whether the petitioner apprehending arrest in a land-dispute assault case should be granted anticipatory bail.
2 provisions across 2 enactments
Baleshwar Sah
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
