Patna High CourtCR. MISC./1727/2016bail granted

Raju Sah v. The State Of Bihar

2016-01-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1727 of 2016 Arising Out of PS.Case No. -45 Year- 2014 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Raju Sah S/o Binod Shah, Resident of Lohra Nauhatta, P.S. Nauhatta, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Tripathy For the Opposite Party/s : Mr. Ajay Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354, 504, 326 and 307 of the Indian Penal Code. The prosecution case is that the informant was working in the field along with his son namely, Naradmuni Sah, in the meantime nine accused persons including the petitioner came surrounded the informant and started abusing him. It is alleged that the accused persons assaulted the informant with axe, as a result he fell down on the ground when Sangeeta Devi came to rescue then accused persons tried to throttle her. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and the injury report was

Patna High Court Cr.Misc. No.1727 of 2016 (2) dt.13-01-2016 2/2 also not produced before the learned court below. There is counter version of the occurrence also wherein petitioner's side has also received injuries. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover, similarly situated accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No.28546/2015.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Dehri, Rohtas in connection with Nauhatta P.S. Case No.45/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T