Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30178 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ====================================================== Umesh Sah, son of Late Mahabir Sah, resident of Village Murgiyachak, P.S. N.H. Bangra, District Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amit Kumar, Advocate For the Opposite Party/s : Mr. Gajendra Prasad Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 302 and other minor Sections of the Indian Penal Code. The present occurrence appears to have taken place on account of land dispute and it is alleged that petitioner and other F.I.R. named accused assaulted the informant as well as her other family members including her husband, who, later on, died in course of investigation. There is a counter case and in the said counter case, the wife of the petitioner stated that it was prosecution party, who assaulted her as well as her other family members. The deceased appears to have sustained three injuries

Patna High Court Cr.Misc. No.30178 of 2016 (3) dt.04-10-2016 2/2 and from perusal of the case diary, I find that independent witnesses stated that free fight took place between the parties and in the said fight, persons from both sides sustained injury. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that charge sheet against the petitioner has already been submitted, let the petitioner above named 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 C.J.M., Samastipur in connection with N.H. Bangra P.S. Case No.14 of 2016. (Hemant Kumar Srivastava, J) N.H./- U T