Sohan Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.42351 of 2017 (3) dt.09-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42351 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sohan Sah Son of Late Munni Sah, R/o Mahdeva , P.S.- Raxaul , DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The petitioner seeks regular bail in connection with Raxaul P.S. Case No. 72 of 2017, registered for offences punishable under Sections 341, 323, 324, 307, 380 and 504 and 34 of the Indian Penal Code.

Allegation against the petitioner is of inflicting Garasa blow to the informant causing injury to him.

It has been submitted on behalf of the petitioner that though in the F.I.R, it is alleged that he has given repeated blow to the informant however, only two injuries one lacerated wound and another fracture injury was found and that does not show any repetition of blow. Further petitioner has no criminal antecedent and has been in judicial custody for last five months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.42351 of 2017 (3) dt.09-10-2017 Considering the facts and circumstances of the case and the injuries caused to the informant being grievous in nature, at this stage, I am not inclined to release the petitioner on bail, however, this application is disposed of with direction to the court below to release the petitioner on bail to his own satisfaction once charge is framed in this case or petitioner completes six months of judicial custody, whichever is earlier.

(Vinod Kumar Sinha, J) sunil/- U T