IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90095 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- Chakki District- Buxar ====================================================== Sachchita Singh @ Sachita yadav S/O Late Saryu Yadav R/O Vill.- Chakki Chunni Dera, Post Office- Chakki, P.S.- Chakki, Dist.- Buxar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Choubey, Advocate For the State : Mr. Ajay Kumar Jha, APP For the Informant : Mr. Parijat Saurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Chakki P.S. Case No. 04 of 2024 registered on 26.08.2024 for the alleged offences under Sections 191(2), 191(3), 190, 109, 115(2), 118(2), 125, 126(2), 352, 351(2)(3) of Bharatiya Nyaya Sanhita, 2023. 03. As per prosecution case, the petitioner and other co-accused persons, who were armed with lathi , bhala and farsa, forcibly ploughed the land of the informant and when their act was opposed, the informant and his family members were assaulted and shot at by the co-accused persons, causing injuries to them. Patna High Court CR. MISC. No.90095 of 2024(3) dt.22-03-2025 2/4 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been dragged in this case merely on the basis of the fact that he gave his tractor on hire for ploughing the field to co-accused persons and the petitioner was not aware about any land dispute. The petitioner never went to the place of occurrence and he has been implicated in this case maliciously as his tractor was used for ploughing the field and he had no knowledge about the land dispute between the parties. There is case and counter version and the co-accused Lalan Singh has lodged Chakki P.S. Case No. 05 of 2024 for the occurrence of same day. In the said case, a raid was conducted on the house of the informant and the police seized two rifles, one country made pistol and live cartridges from his house and another case under the Arms Act vide Chakki P.S. Case No. 06 of 2024 has been lodged against the informant side. Learned counsel further submits that altogether 17 persons have been made accused in the present case. Learned counsel further submits that in the rejection order, the learned Additional Sessions Judge has taken note of the fact that petitioner concealed his criminal antecedent, but the petitioner did not conceal the fact rather, he was under wrong impression that Brahmpur Chakki (OP) P.S. Case No. Patna High Court CR. MISC. No.90095 of 2024(3) dt.22-03-2025 3/4 308 of 2019 and Brahmpur Chakki (OP) PS Case No. 19 of 2008 have been disposed of, but only Brahmpur P.S. Case No. 19 of 2008 has been disposed of on 06.06.2017. Learned counsel further submits that there is no specific allegation against the petitioner for causing any of the injuries to the victims. The petitioner has surrendered on 21.09.2024 before the learned trial court and since then he is in custody. The charge- sheet has been submitted and the petitioner is having antecedent of two cases. 05. Learned APP for the State as well as learned counsel for the informant vehemently oppose the prayer for bail. Learned counsel for the informant submits that the petitioner was convicted in a case registered under Section 302 of IPC. Learned counsel further submits that the petitioner sphere- headed the assault of informant and others and he was leading the mob with his tractor. Learned counsel further submits that in the said assault, three persons received firearm injuries. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no specific allegation against the petitioner for causing injury to any person and further considering the period of custody of the petitioner along with submission of charge- Patna High Court CR. MISC. No.90095 of 2024(3) dt.22-03-2025 4/4 sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/court concerned in connection with Chakki P.S. Case No. 04 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T