Patna High CourtCR. MISC./37767/2015bail granted

Ram Babu Sah And ANR v. The State Of Bihar

2015-09-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37767 of 2015 Arising Out of PS.Case No. -148 Year- 2015 Thana -SURSAND District- SITAMARHI ======================================================

1. Ram Babu Sah Son of Ramchandra Sah

2. Deepak Sah Son of Ram Babu Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code. The prosecution case is that petitioner no.1 Ram Babu Sah assaulted the informant with 'farsa', as a result, he sustained cut injury whereas petitioner no.2 Deepak Sah assaulted the son of the informant, namely, Ranjan Kumar, with 'farsa' on his head as a result he also sustained cut injury. It is further alleged that petitioner no.1 snatched gold chain from the neck of the informant.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.37767 of 2015 (2) dt.21-09-2015 2/2 that injuries of both, the informant and his son, have been found to be simple in nature, caused by hard and blunt substance which is in derogation of the accusation of being assaulted by sharp cutting weapon. There is counter versions of the occurrence wherein petitioners' side has also received injuries. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners 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) each with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Sursand P.S. Case No.148 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T