Prabhu Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.2603 of 2017 (3) dt.02-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2603 of 2017 Arising Out of PS.Case No. -558 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Prabhu Sahni Son of Punai Sahni Resident of Village- Chhit Bhagwatipur, P.S. Ahiyapur, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 558 of 2016 registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379/504 of the Indian Penal Code.

Allegedly, in the occurrence the petitioner assaulted the informant with sword on his head causing head injury and bleeding.

Submission is of false implication due to land dispute. The injuries found on the person of the informant are simple vide report dated 16.11.2016 and as such the petitioner deserves sympathetic consideration. He is suffering in custody since 24.10.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Patna High Court Cr.Misc. No.2603 of 2017 (3) dt.02-03-2017 Learned APP opposes the prayer of bail by submitting that on vital part the injury has been caused. In the facts and circumstances stated above, considering the injury report, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 558 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T