Jamun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47586 of 2015 Arising Out of PS.Case No. -11 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jamun Sah, Son of late Mukhlal Sah, Resident of village- Jhajhara, P.S Jitna, district East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Md.Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of regular bail arises out of Ghorasahan (Jitna) P.S. Case No. 11 of 2014, disclosing offences under Sections 147,148,149,323,324,307,379 & 504 of the Indian Penal Code.

There are altogether 12 persons who have been named in the First Information Report.

Learned counsel for the petitioner has submitted that property dispute between the parties is

the reason behind the occurrence and institution of the First Information Report. There is a counter case also instituted at the instance of the accused persons. So far this petitioner is concerned, the allegation against him is of having assaulted the niece of the informant on her neck and hand with an axe (Garasi). Learned counsel for the petitioner has drawn my attention to the injury report and has submitted that no injury has been found on the head of the niece of the informant Rekha Kumari though injury has been found on her hand, caused by sharp cutting weapon. He submits that the petitioner is in custody since 28.08.2015.

Considering the nature of the allegation and the submissions as noted above, this application is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sikrahana, Dhaka, East Champaran in Ghorasahan (Jitna) P.S. case No. 11 of 2014.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U