Shayam Sunder Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.55144 of 2016 (3) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55144 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -BIHRA District- SAHARSA ====================================================== Shayam Sunder Sah S/o Shital Sah resident of Village - Gaudaul, P.S. - Bihara, District - Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma, Adv. For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-02-2017 Heard both sides.

The petitioner seeks bail in Bihra P.S. Case No. 78/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.

The petitioner is alleged to have assaulted the husband of the informant with axe on his head.

Learned counsel for the petitioner submits that husband of the informant made statement in para 51 of the case diary that he gave three lathi blows to the petitioner and only thereafter, the petitioner assaulted him with axe on his head. There is land dispute between the parties. The occurrence took place on 22.05.2016, but the F.I.R. was lodged on 06.06.2016 after fifteen days of the occurrence. The husband of the informant further

Patna High Court Cr.Misc. No.55144 of 2016 (3) dt.28-02-2017 stated that the petitioner also gave him money for treatment. The petitioner is in jail for about seven and half months. Of course, one injury was found on the head of the husband of the informant which is grievous in nature, but at the same time it is stated by the injured (husband of the informant) himself that on provocation and the assault made by him, the petitioner also assaulted him. Considering the facts aforesaid, the petitioner abovenamed, 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 Munsif-cum-Judicial Magistrate-IV, Saharsa in connection with Bihra P.S. Case No. 78/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T