Sri Bhagwan Sahani @ Bhagwan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37106 of 2015 Arising Out of PS.Case No. -421 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sri Bhagwan Sahani @ Bhagwan Sahani son of Late Biran Sahani, resident of Village- Purbari Barwa, P.S.- Lakhaura, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Murli Dhar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-09-2015 Heard learned counsel for the petitioner Sri Abhishek Kumar and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muffasil (Lakhaura) P. S. Case no. 421 of 2014 for the offence alleged under Sections 323, 307, 379, 341,342, 448 and 504/34 of the Indian Penal Code.

The prosecution case is that on 22.11.2014 in the night accused Sattar Mian assaulted the informant by means of iron rod on his head and petitioner assaulted on his (informant) palm by iron rod. Thereafter, informant's father was also assaulted by the petitioner. Moreover, Rs.5,000/- and Rs.2,000/ were snatched by the petitioner and other accused from the pocket of informant and his father respectively.

It has been submitted by the learned counsel for the petitioner that no case under Section 307 of the Indian Penal Code is made out against him as the allegation against him is hitting the informant by iron rod on the palm that led to bleeding. It has

Patna High Court Cr.Misc. No.37106 of 2015 (2) dt.09-09-2015 2 / 2 further been submitted that the injury report, which is placed at Annexure-2 of this application, shows that the injuries are simple in nature.

Under such circumstances, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Muffasil (Lakhaura) P. S. Case no. 421 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Nilu Agrawal, J) sudip/- U T