Osaid Sah @ Usaid Sah vs The State Of Bihar
2021 Latest Caselaw 2451 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.35526 of 2020
    Arising Out of PS. Case No.-113 Year-2020 Thana- BATHNAHA District- Sitamarhi
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Osaid Sah @ Usaid Sah, aged about 30 years, Gender-M, son of Alauddin Sah Resident of village- Rupauli, P.s.- Bathnaha, District- Sitamarhi

... ... Petitioner/s Versus The state of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :        Mr. Birendra Kumar, Advocate
For the State           :        Ms. Renuka Ratnakar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Birendra Kumar, learned counsel for the

petitioner and Ms. Renuka Ratnakar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Bathnaha PS Case No. 113 of 2020 dated 13.06.2020, instituted

under Sections 341/323/324/307/379/504/34 of the Indian Penal

Code.

4. The allegation against the petitioner and others is of

general abuse and assault on the informant and specifically

against the petitioner is that he, along with another co-accused,

had assaulted the informant by spade and lathi.

5. Learned counsel for the petitioner submitted that Patna High Court CR. MISC. No.35526 of 2020 dt.21-06-2021

there is general and omnibus allegation of assault against the

petitioner and another co-accused whereas against other two co-

accused, who are not before the Court, it is specific of inflicting

blow on the head of the informant by garasa and katta. It was

submitted that the petitioner has no criminal antecedent and

even the allegation against him and another co-accused is

general and omnibus of assault by spade and lathi. It was

submitted that the parties are relatives living side by side and

due to dispute over building of latrine and drain, the incident has

occurred.

6. Learned APP submitted that the allegation against

the petitioner is of assault. However, it was not controverted that

the same is general and omnibus.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned Chief Judicial Magistrate, Sitamarhi in Bathnaha PS

Case No. 113 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and Patna High Court CR. MISC. No.35526 of 2020 dt.21-06-2021

further (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute

bond and give undertaking with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall cooperate with the

Court and the police/prosecution. Any violation of the terms and

conditions of the bonds or the undertaking or non-cooperation

shall lead to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T