Motilal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39409 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Motilal Sahani, s/o Nageshwar Sahani, r/o vill-Khatolwa Gawandari, PSKeshwariya, Dist- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Keshariya PS case no. 37 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 447 of Indian Penal Code.

The case of the prosecution is that accused persons had brought tractor and started ploughing the field of the informant whereafter, upon protest, the accused persons engaged in assault resulting in serious injuries to the informant and his family members.

The learned counsel for the petitioner submits that as far as the petitioner is concerned, there is no allegation of any assault resulting in any injury to any person. It is further submitted that the present case i.e. Keshariya PS case no. 37 of 2017 and

Patna High Court Cr.Misc. No.39409 of 2017 (2) dt.19-08-2017 2/2 Keshariya PS case no. 38 of 2017 dated 03.03.2017, which has been instituted at the behest of one of the accused namely Sitaram Sahni are case and counter case. It is submitted that both the FIRs arise out of the same incident and both the parties have received injuries. The petitioner is said to have clean antecedent and is in custody since 26.06.2017.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Keshariya PS case no. 37 of 2017.

(Mohit Kumar Shah, J.) rinkee/- U T