Hiralal Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30393 of 2018 Arising Out of PS.Case No. -146 Year- 2017 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Hiralal Sahni, son of Pundeo Sahni, resident of village - Sonarapur, P.S. Keshariya, District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh, APP For the informant : Mr. Rakesh Bihari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner apprehends his arrest in Keshariya P.S. Case No.146 of 2017 instituted for the offence under Section(s) 341, 323, 324, 325, 354-A, 379, 452, 506/34 Indian Penal Code. Counsel for the petitioner submits that there is case and counter case between the parties. Counter case has been filed by Marachho Devi against the informant and others vide Keshariya P.S. Case No.148 of 2017.
In the instant case, there is allegation that this petitioner assaulted the informant with lathi on leg. Injury report of the informant is annexed as
Patna High Court Cr.Misc. No.30393 of 2018 (3) dt.29-06-2018 2/2 Annexure-3, wherein, doctor has found all the injuries to be simple in nature.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Keshariya P.S. Case No.146 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T