Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31697 of 2018 Arising Out of PS. Case No.-21 Year-2017 Thana- SIMRIBAZAR District- Darbhanga ====================================================== Anil Sah, S/o Yogendra Sah, Resident of Village- Kanshi, P.S.- Simari, District - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-06-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Simari P.S. Case No. 21 of 2017 dated 21.03.2017 instituted for the offences under Sections 341, 342, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

Though the case was instituted under Section 307 and other sections of the I.P.C. but the police did not file charge sheet under Section 307 of the I.P.C. Charge sheet was only filed under Sections 341, 342, 354, 323, 504 and 506/34 of the I.P.C. However, the learned Magistrate, differing with the police report, took cognizance under Section 307 of the I.P.C. as well. The injuries suffered by the informant are found

Patna High Court Cr.Misc. No.31697 of 2018(3) dt.28-06-2018 2/2 to be simple in nature.

Considering the facts that the petitioner who is the neighbour of the informant and the injuries suffered by the informant is simple in nature, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Darbhanga in connection with Simari P.S. Case No. 21 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T