Ran Nath Sahu @ Raghu Nandan Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42872 of 2015 Arising Out of PS.Case No. -187 Year- 2015 Thana -BAHERA District- DARBHANGA ======================================================
1. Ram Nath Sahu @ Raghu Nandan Sahu Son of Late Saryug Jat, Resident of Village - Shiv Gram, Police Station - Bahera, District - Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Shamimul Hoda For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,307 and 504/34 of the Indian Penal Code.
The prosecution case is that the co-villager of the informant namely Raghunath Sah was constructing house on the disputed land who was forbidden by the informant when the petitioner, co accused Anil Sahu, Sunil Sahu and Pawan Sah assaulted with iron rod to the informant. When the nephew, son and grand son of the informant came to rescue they were also assaulted.
It is submitted by the learned counsel for the petitioner that in the background of land dispute the accusation has been
Patna High Court Cr.Misc. No.42872 of 2015 (2) dt.14-10-2015 2/2 levelled. There is counter version of the occurrence also and the petitioner side have also received injury. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that there is no injury report on record.
Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for three months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Benipur in connection with Bahera P.S. Case No.187 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioner will be confirmed if none from the informant side have received any grievous injury but if it is found that any person has received grievous injury from the side of the informant, the petitioner will surrender and pray for regular bail.
(Dinesh Kumar Singh, J) Anil/- U T