Hari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26072 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== HARI SAH Son of Jyotish Sah Resident of Village - Baraipatti, P.S.- Yadopur, Distt - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Uchakagaon P.S. Case No. 15 of 2019, disclosing offences under Sections 341,323,324,307/34 of the Indian Penal Code. Petitioner is the brother-in-law of the husband of the informant. The informant has made allegation against all the family members of assaulting with knife.

Learned counsel appearing on behalf of the petitioner has submitted that before the Court of learned Sessions Judge, Gopalganj the case diary was called for and based on the materials available in the case diary, learned Sessions Judge has recorded that there was no material to substantiate the allegation of assault made by the knife inasmuch as there was nothing to

Patna High Court CR. MISC. No.26072 of 2019(2) dt.22-04-2019 2/2 show intention of the accused persons of causing death by inflicting knife.

Considering the above submission, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 ACJM-IX, Gopalganj in Uchakagaon P.S. Case No. 15 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U