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Patna High CourtCR. MISC./40681/2015dismissed

Santosh Kumar Sah @ Bhuti Sah And ANR v. The State Of Bihar

2015-10-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40681 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -DARIHAT District- SASARAM (ROHTAS) ======================================================

1. Santosh Kumar Sah @ Bhuti Sah son of Awadh Sah

2. Sujeet Sah son of Bhuti Sah Both residents of Village : Amarkotha, P.S. : Darihat, District : Rohtas at Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sada Nand Ray, Adv. For the Opposite Party/s : Mr. R.P.S.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2015 Heard both sides.

The petitioners apprehend their arrest in Darihat P.S. Case No. 50/2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. Petitioners are alleged to have assaulted the son of the informant with bamboo stick and iron rod.

It is submitted that only one injury is found on account of assault made by two persons. There is a counter version. On the other hand, Sri Krishna Prasad Singh, learned senior counsel has submitted that injury is found on the head and both the petitioners are alleged to have assaulted. Having considered the facts that on account of assault

Patna High Court Cr.Misc. No.40681 of 2015 (2) dt.05-10-2015 2/2 made by the petitioners injury is found on the head is grievous in nature, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi/- U T