Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14604 of 2015 Arising Out of PS.Case No. -175 Year- 2014 Thana -PIPRA District- SUPAUL ====================================================== Santosh Sah Son of Late Bhutay Sah Resident of Village -Dulari, P.s- Pipra, District- Supaul .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhav Jha For the Opposite Party/s : Mr. Md.Fahmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 18-05-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 07.02.2015 in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. Subsequently, section 302 of the IPC was also added. It is alleged that when the informant was fixing bamboo stumps on his land, the accused persons came variously came when Prakash Sah assaulted with Farsa on the head of the informant as a result he fell down. The informant's son Vikash Kumar was also assaulted, who subsequently succumbed to the injury.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.14604 of 2015 (03) dt.18-05-2015 2/2 petitioner that the petitioner neither alleged to have assaulted the informant or the son of the informant considering the fact that the mother of the victim, whose statement has been recorded in paragraph no. 24 of the case diary to the effect that Hari Narayan Sah assaulted with cricket bat on the head of the victim, the son of the informant, in view of the serious land dispute and there is counter version of the occurrence, co-accused Prakash Sah, who alleged to have assaulted with Farsa to the informant and coaccused Ravindar Sah have been granted bail vide Cr. Misc. Nos. 3068 of 2015 and 13255 of 2015.

Considering the fact that the accusation of assault is not alleged against the petitioner and a statement has been made in para 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner, 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, Supaul in connection with Pipra P.S. Case No. 175 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T