Amiri Lal Sah Vs the State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81009 of 2023

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Arising Out of PS. Case No.-136 Year-2023 Thana- PALANWA District- East Champaran

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

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Amiri Lal Sah Son Of Late Gopal Sah Resident Of Village - Bharvaliya, P.S. - Palanawa, District - East Champaran, Motihari

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Mahendra Sah, Son of Kanhai Sah, Resident Of Village - Bharvaliya, P.S. - Palanawa, District - East Champaran, Motihari

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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4 07-03-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Earlier vide order dated 29.01.2024, the anticipatory bail application on behalf of the petitioner no. 2 has been withdrawn on his arrest, as such, this anticipatory bail application now, confines to petitioner no. 1.

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The petitioner no. 1 apprehends arrest in connection with Palanawa P.S. Case No. 136 of 2023 dated 22.06.2023 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.

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The prosecution case, in short, is that on

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Patna High Court CR. MISC. No.81009 of 2023(4) dt.07-03-2024 2/3

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21.06.2023 at about 1.00 pm, the petitioner along with other accused persons, armed with lathi-danda, farsa etc., forcibly started constructing a house on the land of the informant. On protest, the co-accused persons assaulted the informant and his family members. Allegation against the petitioner is that he assaulted the sister-in-law of the informant and outraged her modesty. He also took away Rs. 5000/- rupees in cash and gold ornaments from the house of the informant.

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Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioner. Allegation against the petitioner is that he tore the cloth of the sister-in-law of the informant and outraged her modesty. Specific allegation is against one Banti Sah, who assaulted the informant on his head with Farsa. The said Banti Sah has been granted anticipatory bail vide order dated 09.01.2024 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 83656 of 2023. Learned counsel for the petitioner submits that there is a case and counter case bearing Palanawa P.S. Case No. 137 of 2023, which has been lodged by co-accused Gautam Devi against the informant’s side. Learned counsel for the petitioner submits that injury received

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Patna High Court CR. MISC. No.81009 of 2023(4) dt.07-03-2024 3/3

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by Jitendra Pandit is simple in nature. Lastly, it has been submitted that petitioner has no criminal antecedents.

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Learned A.P.P. has opposed the prayer for

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anticipatory bail of the petitioner no. 1.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner no. 1, namely, Amiri Lal sah, within a period of six weeks from today, in connection with Palanawa P.S. Case No. 136 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(Khatim Reza, J)

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premchand/-

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U T

Amiri Lal Sah v. the State of Bihar

Case brief

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Amiri Lal Sah v. the State of Bihar

Case brief

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