Abhinandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49222 of 2018 Arising Out of PS. Case No.-595 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Abhinandan Sah S/o Ghanshyam Sah, R/o Vill.- Amarpur, P.S.- Sonbarsa Raj, District- Saharsa.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Adv.

For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-08-2018 Heard Sri Shiva Shankar Sharma, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, who is in custody only since 19.06.2018 in Saharsa Sadar P.S. Case No. 595 of 2018 registered for the offence under Sections 341, 323, 308, 379, 504, 506, 34 of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner, by way of referring to F.I.R., submits that the occurrence had taken place due to partition of property and there was case and counter case in between the parties. Learned counsel for the petitioner has drawn my attention to Annexure-3 to the petition i.e. injury report and submits that the injury found on the person of the informant was simple in nature and, as such, a prayer has been

Patna High Court Cr.Misc. No.49222 of 2018(2) dt.20-08-2018 2/2 made for granting bail to the petitioner.

Initially, the Court wanted to examine the case diary, however learned counsel for the petitioner has argued on merit. On perusal of the F.I.R.itself, it is evident that there is specific accusation against the petitioner.

Considering the nature of accusation, at present I am not inclined to the extend the privilege of bail. However, the petitioner is granted liberty to renew his prayer for bail after nine months of custody.

(Rakesh Kumar, J.) nawalkrs/- U T