Patna High CourtCR. MISC./40671/2016bail granted

Mahesh Sao v. The State Of Bihar

2016-09-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40671 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -JHAJHA District- JAMUI ======================================================

1. Mahesh Sao S/o Kedar Sao R/o Village- Nariyana, P.S.-Khaira, DistrictJamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jhanjha P.S. Case No. 49 of 2016, disclosing offences under Sections 341, 323, 307 and 354(A)/34 of the Indian Penal Code.

From the First Information Report, it appears that the informant and the petitioner are agnates and neighbours. Allegedly, the accused persons came near the house of the informant and started abusing him and on pretest having been raised, they assaulted him with dagger. On alarm having been raised by the informant, his brothers came to his rescue, but they were also assaulted with dagger etc.

Patna High Court Cr.Misc. No.40671 of 2016 (2) dt.22-09-2016 2/2 Learned counsel, appearing on behalf of the petitioner, has submitted that the injuries have been found to be simple in nature, which falsifies the allegation made in the First Information Report.

Considering the above submission, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No. 49 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ajaypd./- U T