Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 32473 (PAT)

Chhedi Sah @ Chhedi Saha @ Chhedi Lal Sah v. The State of Bihar

CR. MISC./21228/2025 · 2025-04-23

Anshuman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21228 of 2025 Arising Out of PS. Case No.-93 Year-2023 Thana- BAUNSI District- Araria ====================================================== Chhedi Sah @ Chhedi Saha @ Chhedi Lal Sah Son of Sukdev Sah Village- Bousi, Ward no. 09, Ps- Bousi, Dist- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gopal Kumar Jha, Adv. For the Opposite Party/s : Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 23-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State. 2. The petitioner is apprehending arrest in connection with Bausi P.S. Case No.93 of 2023, for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 506 and 504 of the IPC. 3. As per the prosecution, the FIR has been lodged against 17 named accused persons including the petitioner against whom there is allegation that they have assaulted the informant by sharp cutting weapon due to which injury has been caused. When the nephew of the informant reached there, then accused persons assaulted him by lathi and entered in the house and looted articles. 4. Learned Counsel for the petitioner submits that the Patna High Court CR. MISC. No.21228 of 2025(2) dt.23-04-2025 2/3 petitioner is innocent and has committed no offence. Counsel also submits that from the contents of FIR, it becomes crystal clear that the dispute between the petitioner and informant is relating to land and with a view to construction of hut, scuffling took place between the parties. He submits that for the same date and place of occurrence, there is case and counter-case lodged from both the sides. The informant has lodged case i.e., Bousi P.S. Case No.93 of 2023 (present case) and the petitioner has lodged case i.e., Bousi P.S. Case No.90 of 2023. 5. Counsel further submits that criminal antecedent of the petitioner is clean and none of the parties are criminal and they are resident of same village and they are gotiya also. 6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is case and counter- case from both the parties and upon the bare reading of both the FIRs, it transpires that they are adjacent neighbourers and for land dispute, scuffling took place from both the sides. 7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) Patna High Court CR. MISC. No.21228 of 2025(2) dt.23-04-2025 3/3 each with two sureties of the like amount each to the satisfaction of A.C.J.M., 1st Class, Araria in connection with Bausi P.S. Case No.93 of 2023, subject to the following conditions as laid down under Section 438(2) of Cr.P.C. Prakashmani/- (Dr. Anshuman, J.) U T