Subodh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1701 of 2016 Arising Out of PS.Case No. -113 Year- 2015 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Subodh Sahni S/o Umesh Sahni .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam, Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== 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 341, 323, 307, 504, 448/34 of the Indian Penal Code, 25(1-B), 26, 35, 27 of the Arms Act and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is alleged that the accused persons including the petitioner came to the house of the informant started abusing him and his family members. On protest being made co-accused Mukesh Sah assaulted on the head of the son of the informant namely Mukesh Chaudhary with the butt of the pistol, causing grievous injury when other son of the informant came to rescue Mukesh Chaudhary then co-accused Mukesh Sah assaulted with

Patna High Court Cr.Misc. No.1701 of 2016 (2) dt.13-01-2016 2/2 the butt of pistol on his head also. It is further alleged that the pistol of Mukesh Chaudhary was not effective. It is submitted by learned counsel for the petitioner that no overt-act has been alleged against the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover, the thrust of accusation is against co-accused Mukesh Sah.

Considering the thrust of accusation against coaccused Mukesh Sah, 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, Begusarai in connection with Bhagwanpur P.S. Case No.113/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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