Patna High CourtCR. MISC./49869/2016bail granted

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

2017-01-19Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.49869 of 2016 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49869 of 2016 Arising Out of PS.Case No. -299 Year- 2015 Thana -PUPARI District- SITAMARHI ======================================================

1. SHASHI KUMAR SAH @ SANTOSH SAH son of Sampat Sah,

2. Bajrangi Sah, Son of Sampat Sah, Both Resident of Village- Baura Bajitpur, P.S. Pupari, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-01-2017 Heard the parties on the application for anticipatory bail filed by the petitioners in connection with Pupari P.S.Case No.299 of 2015 for the offence under Sections 447, 448, 341, 323, 324, 504, 506/34 and 326 of the Indian Penal Code. It is submitted on behalf of the petitioners that the informant and the petitioners are own brother and nephew. There is dispute between the parties and even though there is allegation of assault against the informant but the injuries are simple in nature on the person of the informant, which will appear from Annexure -2 (series) of the petition. Heard learned A.P.P. also, who opposes the prayer for

Patna High Court Cr.Misc. No.49869 of 2016 (2) dt.19-01-2017 anticipatory bail of the petitioner but he does not controvert this fact that the injuries were found simple in nature. Having heard both sides. In view of the facts as stated above and from perusal of the record, from Annexure-2 (series) filed by the petitioners, it appears that injuries are simple in nature and there is land dispute, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of six weeks be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of I/C S.D.J.M., Pupri at Sitamarhi in connection with Pupari P.S.Case No.299 of 2015, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) chn/- U