Umashankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42467 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -ANDER District- SIWAN ====================================================== Umashankar Sah S/o Shivnath Sah, resident of village- Usari, P.S.- Andar (M.H. Nagar), District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai, Advocate For the Opposite Party/s : Mr. Md.Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Andar (M.H. Nagar) P.S. Case No.37 of 2015 registered under sections 341,323, 324, 435, 504 and 506/34 of the Indian Penal Code.

It is contended that there is a case and counter case and the alleged occurrence took place due to land dispute. Be that as it may, regard being had to the fact that the petitioner is alleged to have assaulted the informant with Farsa, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, the application under section 438 of the Code of Criminal Procedure is rejected.

In case the petitioner surrenders and seeks bail, the same

Patna High Court Cr.Misc. No.42467 of 2015 (2) dt.13-10-2015 2/2 shall be considered on its own merits without being prejudiced in any manner by the order passed by this Court. (Ashwani Kumar Singh, J) Md.S./- U T