Allowed

Upendra Sah v. The State of Bihar

Patna HC4 Sept 2024CR. MISC./62164/2024

Case brief

AI extract

What is this about?

Petitioner seeking regular bail in a case involving alleged assault and theft under IPC sections 307, 324, 379, 341 and 427. Court considered family dispute context, antecedents, and custody period, granting bail with conditions for trial cooperation and non-tampering with evidence.

What did the court decide?

Regular bail granted on furnishing bail bonds of Rs.10,000/- with two sureties, subject to conditions of trial cooperation and non-tampering.

Upendra Sah Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62164 of 2024

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Arising Out of PS. Case No.-172 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj

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

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Upendra Sah, son of Late Krishna Sah, Resident of Village- Khaira Azam, P.S.- Baikunthpur, District- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ebrahim Kabir, Advocate Ms. Shruti Sinha, Advocte For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 04-09-2024

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Heard Mr. Ebrahim Kabir, learned Advocate for the petitioner and learned APP for the State.

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The petitioner seeks regular bail, who is in custody

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in connection with Baikunthpur P.S. Case No. 172 of 2024 registered for the offences punishable under Sections 341, 324, 307, 379 and 427 of the Indian Penal Code.

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Allegation against the petitioner is of causing Farsa blow over the head of the informant, resulting into serious injury. There is further allegation of snatching of valuables and ransacking the house against the wife of the petitioner.

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Learned Advocate for the petitioner referring to the narratives made in the F.I.R. submitted that both the petitioner

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Patna High Court CR. MISC. No.62164 of 2024(2) dt.04-09-2024 2/3

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and the informant are own brother and only on account of some land dispute, both entered into a scuffle, resulting into unfortunate injury to the informant. Drawing the attention of this Court to the impugned order, it is further contended that though the learned court has taken note of the fact that the injured has sustained two sharp cut injuries on the head, but knowingly the nature of the injury has not been disclosed, which clearly suggests that the injuries, which were found, are simple in nature. Be that as it may, the petitioner bears fair antecedent and he is incarcerated since 31.05.2024. The petitioner undertakes that he would never indulge in such type of crime in future.

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On the other hand, learned APP for the State vehemently opposes the bail application and submits that repeated blow of Farsa over the head of the informant clearly suggests the intention of the petitioner.

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Regard being had to the submissions made on behalf of the parties and considering the relationship of the petitioner with the informant, coupled with the fair antecedent and the period of custody, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

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Patna High Court CR. MISC. No.62164 of 2024(2) dt.04-09-2024 3/3

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satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 172 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the

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trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

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(Harish Kumar, J)

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uday/-

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U T

Upendra Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Upendra Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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