Bhola Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38110 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== Bhola Sah Son of Basdev Sah Resident of Village - Ram Nagar, P.S. - Siwaipatti, District - Muzaffarpur (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Kumar Pandey, Adv. For the Opposite Party/s : Sri Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Siwaipatti P.S. Case No. 64 of 2016 registered for the offence(s) punishable under section(s) 147, 148, 149, 323, 324, 307, 504 and 380 of the Indian Penal Code.
The informant has alleged that on 24.07.2016, this petitioner and 8 others armed with Lathi, Danda, Farsa, Hasuli came at his house and assaulted him and his family members. It has been submitted that both the parties are resident of same place and on the day of occurrence, some scuffle took place in which the informant and others sustained simple injury. It has further been submitted that the petitioner has no criminal
Patna High Court Cr.Misc. No.38110 of 2017 (2) dt.17-08-2017 2/2 antecedent and so, he deserves anticipatory bail. The learned Additional Public Prosecutor, on the other hand, opposed the submission.
The Injury report on record annexed as Annexure-2 to this application shows that the informant sustained injury which was simple in nature and the petitioner has clean antecedent. Considering the facts and circumstances, as stated above, this application for anticipatory bail is allowed. Let the petitioner, above named, 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) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistratecum-Sub Judge-IX, Muzaffarpur in connection with Siwaipatti P.S. Case No. 64 of 2016, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code. (Sanjay Kumar, J) Mahesh/- U T