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Patna High CourtCR. MISC./44153/2017bail granted

Suresh Sahani v. The State Of Bihar

2017-09-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44153 of 2017 Arising Out of PS.Case No. -268 Year- 2017 Thana -KADAMKUAN District- PATNA ====================================================== Suresh Sahani S/o Gopal Prasad Sahani R/o Puravi Lohanipur Das Company Lane, P.S. - Kadamkuan, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Kumar Rajeev, Advocate For the Opposite Party : Mr. Smt. Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Kadamkuan P.S. Case No. 268 of 2017, G.R. No. 4086 of 2017, registered for the offences punishable under Sections 323, 307, 379, 504/34 of the Indian Penal Code.

Allegedly, the scooty of the petitioner was touched with the scooty of the informant then the petitioner caused threats, called some boys and started assaulting the informant with rod causing injury on the upper portion of right eye and also on whole body and further snatched gold chain.

Submission is of false implication and that the prosecution story appears not probable and reliable. As a matter of

Patna High Court Cr.Misc. No.44153 of 2017 (2) dt.20-09-2017 2/2 fact, the informant sustained injury in the accident of scooty and he started demanding money for repairing his vehicle. The petitioner has also got injury on head vide Annexure - 2 and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-VII-cum-A.C.J.M., Patna, in connection with Kadamkuan P.S. Case No. 268 of 2017, G.R. No. 4086 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T