Awdhesh Kumar @ Awdhesh Sah @ Awdhesh Kr. Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30601 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Awdhesh Kumar @ Awdhesh Sah @ Awdhesh Kr. Sah, son of Suresh Sah, resident of Village- Tengraha, P.S.- Bithan, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdhar Prasad For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. Petitioner apprehends his arrest in connection with Bithan P.S. Case No.43 of 2017 registered under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code. Allegation is that the petitioner stopped one Asharfi Sharma asking him to do his work at his shop but he demanded his labour charge and this triggered the occurrence and it is alleged that this petitioner assaulted over the head of one Jitendra Yadav causing injury to him.

Learned counsel for the petitioner submits that on trivial issue, the other side picked up quarrel and the specific allegation of assault on the petitioner is of giving blow over the head of Jitendra Yadav only and the corresponding injuries are

Patna High Court Cr.Misc. No.30601 of 2017 (2) dt.12-07-2017 2 / 2 simple in nature and the swelling of finger, injury no.4, said to be grievous, is not against this petitioner and he has got no criminal antecedent.

Learned counsel for the informant submits that the allegation of assault on the head of Jitendra Yadav is against this petitioner.

Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let petitioner, named above, 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 S.D.J.M., Rosera, District Samastipur in connection with Bithan P.S. Case No.43 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Arun Kumar, J.) S.Kumar/- U T