Allowed¶28

Santosh Kumar Sahu @ Santosh Sahu v. The State of Bihar

Patna HC20 Feb 2024CR. MISC./6504/2024

Case brief

AI extract

What is this about?

Anticipatory bail allowed; Patna High Court, Crl. Misc. No.6504 of 2024; Arun Kumar Jha, J.; decision 20-02-2024; Baheri P.S. Case No. 290/2023, Darbhanga; IPC Sections 341, 323, 308/34; forcible eviction of informant-caretaker; assault/strangulation allegation; land dispute between brothers; plea of false implication; scratch-mark injuries per rejection order; bail bond Rs. 10,000/- with two sureties; conditions under Section 438(2) CrPC; ACJM Darbhanga.

What did the court decide?

Anticipatory bail granted to all five petitioners in connection with Baheri P.S. Case No. 290 of 2023, on bail bond of Rs. 10,000/- each with two like sureties, subject to Section 438(2) CrPC conditions and two additional conditions (close-relative bailor; presence before trial court when required). ¶28

Santosh Kumar Sahu @ Santosh Sahu Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the five petitioners, apprehending arrest in Baheri P.S. Case No. 290 of 2023 (offences under Sections 341, 323, 308/34 IPC) for allegedly trying to forcibly evict the informant-caretaker and assaulting him, are entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: in the event of arrest or surrender within eight weeks, the petitioners are to be released on bail on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Darbhanga/concerned court in Baheri P.S. Case No. 290 of 2023, subject to the condition under Section 438(2) CrPC and further conditions (one bailor to be a close relative; attendance before the trial court on dates fixed, if required).

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Ratio / Principle

The bail grant rested on the court weighing the parties' submissions and expressly considering the possibility of false implication in the background of a land dispute between brothers concerning the land of which the informant was caretaker.

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Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J., 20-02-2024) allowed anticipatory bail to five petitioners apprehending arrest in Baheri P.S. Case No. 290 of 2023 (registered 22.08.2023) for offences under Sections 341, 323, 308/34 IPC. Prosecution alleged the petitioners tried to forcibly evict the informant, who tended the land as caretaker for another, and assaulted and tried to strangulate him on resistance. Defence contended false implication arising from a land dispute between three brothers, one of whom sold one bigha to petitioner no.1's wife, and relied on the rejection order showing only scratch marks on the neck. Considering the possibility of false implication in the background of the land dispute, the Court directed release on bail upon arrest or surrender within eight weeks on a bail bond of Rs. 10,000/- each with two sureties of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Darbhanga, subject to Section 438(2) CrPC and conditions that one bailor be a close relative and that the petitioners remain present on dates fixed by the trial court, if required.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6504 of 2024

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Arising Out of PS. Case No.-290 Year-2023 Thana- BAHERI District- Darbhanga

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

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Santosh Kumar Sahu @ Santosh Sahu Son of Bilat Sahu @ Bilat Sah R/o vill - Barmattar, P.S. - Baheri, Distt. - Darbhanga

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Lalit Sah @ Lalit Sahu Son of Late Ramprit Sahu @ Ram Prit Sah R/o vill - Barmattar, P.S. - Baheri, Distt. - Darbhanga

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Vivek Kumar @ Vivek Sah Son of Santosh Kumar Sahu R/o vill - Barmattar, P.S. - Baheri, Distt. - Darbhanga

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Lalita Devi W/o Lalit Sah @ Lalit Sahu R/o vill - Barmattar, P.S. - Baheri, Distt. - Darbhanga

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Bindeshwar Mukhiya Son of Biltu Mukhiya R/o vill - Barmattar, P.S. - Baheri, Distt. - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr. Ram Narayan Mahto, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 20-02-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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In the present case, the petitioners are apprehending their arrest in connection with Baheri P.S. Case No. 290 of 2023, registered on 22.08.2023, for the alleged offence under Sections 341, 323, 308/34 of the Indian Penal Code.

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As per prosecution case, the petitioners tried to forcibly evict the informant from the land in which his buffaloes were grazing and the informant was taking care of that land as caretaker on behalf of some other person. When the informant

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Patna High Court CR. MISC. No.6504 of 2024(2) dt.20-02-2024 2/3

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opposed his eviction, the petitioners assaulted him and tried to strangulate him.

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Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The present case has been lodged in the background of land dispute between three brothers and one of the brothers is said to own the land for which the informant is said to be a caretaker. Another brother sold area of one bigha from his share to the wife of petitioner no.1. For the said reason, one of the brothers got the false case registered against the petitioners through his caretaker. Other co-sharers have also sold their shares to other persons and the vendees are in possession of those land. Learned counsel further submits that, moreover, from the rejection order it appears that the injuries are only scratch marks over front and sides of the neck, which falsifies the prosecution story about the informant being assaulted by the petitioners. The petitioners have got no criminal history.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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Having regard to the facts and circumstances and submission made on behalf of the parties and considering the possibility of false implication in the background of land dispute, let the petitioners above named, in the even of their arrest or

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Patna High Court CR. MISC. No.6504 of 2024(2) dt.20-02-2024 3/3

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surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Darbhanga/concerned court in connection with Baheri P.S. Case No. 290 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the petitioners.

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(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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Ashish/-

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U T

Santosh Kumar Sahu @ Santosh Sahu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar Sahu @ Santosh Sahu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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