Patna High CourtCR. MISC./23870/2015bail granted

Mukesh Sahni v. The State Of Bihar

2015-06-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23870 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Mukesh Sahni S/o Late Ram Khelawan Sahni R/o - Nirpur Kusah, P.S. - Patepur, Distt : - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Umesha Nand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-06-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 323,324,308,341 and 504/34 of the Indian Penal Code.

It is alleged that this petitioner assaulted with the branch of mango tree on the head of the informant when the son and sister in law (bhabhi) of the informant came to rescue they were assaulted by the co accused Dhanesh Sahni and Mithu Sahni by lathi.

It is submitted by the learned counsel for the petitioner that the injury report (Annexure 2) reflects lacerated injury of marginal size simple in nature. There is no accusation of repeating the blow hence, at best a case under section 324 IPC is made out.

Patna High Court Cr.Misc. No.23870 of 2015 (2) dt.26-06-2015 2/2 Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Vaishali at Hajipur in connection with Patepur P.S. Case No. 138 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T