Lallan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6162 of 2017 Arising Out of PS.Case No. -175 Year- 2016 Thana -KHAIRA District- SARAN ====================================================== Lallan Sah, Son of Late Dharamnath Sah, Resident of Village- Bhikhampur, P.S.- Khaira, District- Saran..

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Lalan Kumar, Advocate Mr. Brij Bihari Tiwary, Advocate For the Opposite Party : Mr. Nawal Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Khaira P.S. Case No. 175 of 2016 instituted for the offence under Sections 147, 148, 149, 447, 448, 323, 324, 379, 504, 506, 307 and 325 of the Indian Penal Code.

It has been submitted that there is a case and counter case, in which the brother of this petitioner Vijay Sah sustained serious injury due to which he was refereed to PMCH, Patna.

From the written report, it appears that petitioner is alleged to have given Farsa blow on the head of the informant. The injury report has been annexed as Annexure-2 which shows

Patna High Court Cr.Misc. No.6162 of 2017 (2) dt.21-02-2017 2/2 that informant has sustained simple injury.

From the injury report it appears that informant has sustained only one injury on the head, which is simple in nature. The counter case has been filed by brother of this petitioner against the informant and others vide Khaira P.S. Case No. 180 of 2016, in which the brother of the petitioner sustained serious injury and was referred to PMCH, Patna. Therefore, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Khaira P.S. Case No. 175 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T