Baliram Kahar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37059 of 2015 Arising Out of PS.Case No. -168 Year- 2015 Thana -PIRO District- BHOJPUR ======================================================

1. Baliram Kahar, son of Late Ram Kishun Kahar, (Vide order no. 2 dated 14/09/2015, anticipatory bail application of this petitioner has become infructuous)

2. Mahasan Kahar, son of Late Ramayan Kahar, Both residents of Village- Nonar, Police Station - Piro in the District of Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate. For the Opposite Party/s : Mr. B.N. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-11-2015 Heard both sides.

Petitioner no. 2, namely, Mahasan Kahar, apprehends his arrest in a case under Section 307 and other sections of the Indian Penal Code.

The informant named six persons in the F.I.R. and alleged that while Panchayati was going on, Baliram Kahar assaulted the informant with Dab. When his son Tribhuwan Upadhyay and his grand-son Prabhat Kumar came to save him, the accused persons also assaulted them on their head and scrotum. From the perusal of the injury report, as appears from Paras 61 & 62 of the case diary, it appears that the informant got one injury which is attributed to Baliram Kahar. Tribhuwan Upadhyay also

Patna High Court Cr.Misc. No.37059 of 2015 (3) dt.26-11-2015 2/2 got one injury caused by a hard and blunt object. Prabhat Kumar got simple injury in his scrotum by a hard and blunt substance. No specific allegation is made against the petitioner no. 2. There is a counter-version.

Considering the facts aforesaid, the above named petitioner no. 2, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate, Ara, Bhojpur in Piro (Hasan Bazar) P.S. Case No. 168/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T