Nathu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30929 of 2018 Arising Out of PS. Case No.-10 Year-2018 Thana- SRINAGAR District- West Champaran ====================================================== Nathu Sah, S/o Laxmi Sah, R/o Vill.- Kolwa Ghat, P.S.- Srinagar (Pujahan), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Srinagar Pujahan Police Station Case No.10 of 2018 registered under Sections 341, 323, 324, 307, 354B, 379 and 504/34 of the Indian Penal Code.

The accusation is that on 17.01.2018, when the informant was sitting at her house, she heard the voice of tractor from the back of her house. Thereafter, the informant went to the back of the house and saw that his villager Rudal Mahto was filling her land by soil. When the informant made protest, Rudal Mahto, Bhulan Mahto, Dilip Mahto, Baidullah Khan and this petitioner, being the driver of the tractor, started to abuse

Patna High Court Cr.Misc. No.30929 of 2018(3) dt.11-06-2018 2/3 and in that course, Rudal Mahto stared to cause assault to the informant with spade, due to which she sustained injury on her waist and fell down. Bhulan Mahto and Dilip Mahto also caused injury to the informant through lathi. Baidullah Khan caused injury at the leg and back of the informant through iron rod. At that time, this petitioner caused injury at the left leg of the informant by running over the tractor.

Learned counsel for the petitioner submits that, in fact, the petitioner is not the driver of the tractor and on being the neighbour of the informant, the informant has falsely implicated the petitioner with false allegation of running over the tractor, causing injury on her leg. Moreover, the injury of the informant is simple in nature.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Abhishek Kumar, Judicial Magistrate, First Class, Bettiah, District-West Champaran, in connection with Srinagar Pujahan Police Station Case No.10 of 2018, subject to the conditions laid down under Section 438(2)

Patna High Court Cr.Misc. No.30929 of 2018(3) dt.11-06-2018 3/3 Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T