Patna High CourtCR. MISC./29978/2017bail granted

Jagdev Sah v. The State Of Bihar

2017-07-13Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29978 of 2017 Arising Out of P.S.Case No. -187 Year- 2016 Thana -SIDHWARA District- DARBHANGA ====================================================== Jagdev Sah Son of Late Ram Udar Sah, Resident of village- Bhapura, P.S.- Singhwara, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-07-2017 Heard.

2. The petitioners apprehend arrest in connection with Singhwara P.S.Case No.187 of 2016 registered for an offence under Sections 279, 338 and 307 of the IPC.

3. The informant has alleged that on 06.12.2016 when he was returning his house, this petitioner coming from opposite direction by his motorcycle intentionally dashed him. He was driving the motorcycle rashly and negligently. He has alleged that the occurrence took place on account of old enmity.

4. The contention of learned counsel for the petitioner is that it was a road accident. The informant along with two others while coming on motorcycle caused the accident in which the petitioner also sustained injuries. The petitioner also filed a

Patna High Court Cr.Misc. No.29978 of 2017 (3) dt.13-07-2017 2/2 Complaint Case no.265 of 2017 against the informant and two others. The injury report of this petitioner annexed as Annexure-2 shows that he had sustained injuries and was treated at PHC, Singhwara on the same day, i.e. on 06.12.2016. The occurrence took place on 06.12.2016 however fardbeyan was recorded on 09.12.2016.

5. In view of the aforesaid facts and circumstances prayer of anticipatory bail is allowed. The above named petitioner be released in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Singhwara P.S.Case No.187 of 2016 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sanjay Kumar, J) B.Kr./- U T