Allowed

Jawahar Sah v. The State of Bihar

Patna HC20 Dec 2023CR. MISC./66065/2023

Case brief

AI extract

What is this about?

This bail petition was disposed of by granting regular bail to the petitioner under Section 437 Cr.P.C. pending trial in the axe case. Upon considering counsel submissions and the case diary, the court imposed bail bonds with family surety and attendance conditions.

What did the court decide?

Bail granted on Rs. 30,000 with two sureties, subject to conditions regarding family surety, attendance, and no tampering with evidence.

Jawahar Sah Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66065 of 2023

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Arising Out of PS. Case No.-273 Year-2023 Thana- PAHARPUR District- East Champaran

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

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Jawahar Sah, Son Chanar Sah R/o vill - Khairwa Chaubey Tola, P.S. - Malahi, Distt. - East champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 20-12-2023

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

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The petitioner seeks regular bail in connection with Paharpur (Malahi) P.S. Case No. 273 of 2023, lodged on 16.07.2023 under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code.

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As per the prosecution case, the FIR has been lodged against 8 named accused persons including the present petitioner. Allegation against the petitioner is that he attacked by gadasa on the head of the informant due to which the informant sustained injury.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that both the informant and the petitioner are close relatives and agnates and they are resident of the same village and the present occurrence took place only due to land dispute

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Patna High Court CR. MISC. No.66065 of 2023(3) dt.20-12-2023 2/3

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between them as it has been alleged in the FIR itself. Counsel further submits that on the previous occasion, case diary and injury report has been called for and the injuries are simple in nature.

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Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 17.07.2023.

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Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is direct allegation against the present petitioner who attack the informant by gadasa.

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Upon perusal of the case diary in paragraph no.34, it transpires that the nature of injury is simple and it also transpires to this Court that there are two criminal cases pending one from each side i.e. from the petitioners’ side, the case was filed in connection with Paharpur P.S. Case No. 272 of 2023 and from the informants’ side, the case was filed in connection with Paharpur (Malahi) P.S. Case No. 273 of 2023.

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In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East

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Patna High Court CR. MISC. No.66065 of 2023(3) dt.20-12-2023 3/3

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Champaran in connection with Paharpur (Malahi) P.S. Case No. 273 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

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(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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(Dr. Anshuman, J.)

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Divyansh/-

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U T

Jawahar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jawahar 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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