Harish Chandra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39615 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -BANMANKHI District- PURNIA ====================================================== Harish Chandra Sah son of Yogendra Sah R/o Village Bela Chand, P.S. Banmankhi, District - Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr. Bidhu Ranjan, Adv.

For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Learned counsel for the petitioner is permitted to add Section 302 in paragraph 1. of the bail petition. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Banmankhi P.S. Case No. 52/2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504 and 302 of the Indian Penal Code.

It is alleged that while the informant and family members were cleaning their land through labour for construction of the house, the petitioner and others armed with various weapons came there and assaulted the informant and family members. There is specific allegation against petitioner that he assaulted the

Patna High Court Cr.Misc. No.39615 of 2018 (4) dt.18-09-2018 2/2 informant with lathi on his head and also assaulted his brother. It has been submitted that petitioner has falsely been implicated in the case. Petitioner has no criminal antecedent. He is in custody since 23.03.2018.

Considering the facts aforesaid that there is specific allegation against petitioner that he assaulted the informant and his brother with lathi causing grievous injury, I am not inclined to enlarge the petitioner above-named on bail at this stage. Accordingly, the same is rejected.

Petitioner may renew his prayer for bail after completing one year in custody.

(S. Kumar, J) Vinita/- U T