Patna High CourtCR. MISC./34274/2022bail granted

Ashish Kumar Sah v. The State Of Bihar

2022-11-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34274 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- MANIHARI District- Katihar ====================================================== Ashish Kumar Sah S/O- Shankar Sah R/O- Nawabganj, P.S.- Manihari, Distt.- Katihar ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 379, 307/34 and other ancillary sections of the Indian Penal Code.

Prosecution case is that petitioner and other accused persons assaulted son of the informant by means of iron rod causing head injury and they also took away ornaments. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Informant is not the eye witness of the occurrence. There is general and omnibus allegation of assault against the accused persons and no specific overt act has been alleged against the petitioner. Injuries sustained by the injured have been found to be simple in nature. Petitioner has got no criminal antecedent. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Manihari

Patna High Court CR. MISC. No.34274 of 2022(2) dt.15-11-2022 2/2 Police Station Case No. 20 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T