Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20112 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- EKMA District- Saran ====================================================== SUNIL SAH Son of Jogindra Sah, Resident of Village- Karanpura, Police Station- Ekma, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankur Prakash Sinha, Adv Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 325, 307,504, 34 IPC registered in connection with Ekma P.S. Case No. 56 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and the parties are patidaars. The injuries attributed to the assault by the petitioner upon the informant and his father are simple in nature. The grievous injury on the informant's father has not been attributed to the petitioner. It is further submitted that the injury reports are doubtful as the injury reports prepared about 12 hours apart, both show the age of injury as one hour old. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM I, Saran at Chapra, in connection with Ekma P.S. Case No. 56 of 2018, subject to the conditions as laid down under Section 438 (2)

Patna High Court CR. MISC. No.20112 of 2019(2) dt.04-04-2019 2/2 Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T