Shyam Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22027 of 2020 Arising Out of PS. Case No.-101 Year-2019 Thana- ANDHRAMATH District- Madhubani ====================================================== SHYAM SAH Son of Mishri lal Sah Resident of Village - Jiroga, P.S.- Andharamath, Dist.- Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh, Advocate For the Opposite Party/s :
Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-07-2020 Heard learned counsel for the petitioner and the State.
The petitioner is in custody in connection with Andhramath P.S. Case No. 101 of 2019, GR. No. 1067 of 2019 for the offences under Sections 341, 323, 324, 307, 379, 427, 504/34 of the Indian Penal Code.
Allegation against the petitioner is that he has given Farsa blow on the head of the informant.
Learned counsel for the petitioner would submit that the petitioner and the informant are Gotiyas. The petitioner has no criminal antecedent. Counsel, with reference to the injury report, would submit that the injury caused on the informant side is lacerated one and indicates that it is not caused by Farsa blow. He further submits that there is delay of approximately
Patna High Court CR. MISC. No.22027 of 2020(2) dt.16-07-2020 2/2 one month in lodging the FIR. The incident allegedly took place on 4.6.2019 whereas the FIR was lodged on 3.7.2019. Considering the fact that the petitioner has no criminal antecedent, the petitioner and the informant are Gotiyas and there is delay of approximately one month in lodging the FIR, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Jhanjharpur in connection with Andhramath P.S. Case No. 101 of 2019, GR. No. 1067 of 2019.
(Anil Kumar Upadhyay, J) spandey/- U T