Chani Lal Sah @ Chani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12971 of 2017 Arising Out of PS.Case No. -289 Year- 2016 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Chani Lal Sah @ Chani Kumar s/o Late Ishwar Sah, r/v- Pethiya Gachhi, Ward no. 24, P.S. - Samastipur Town, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-04-2017 Heard both sides.

The petitioner apprehends his arrest in Samastipur Town P.S. Case No. 289/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.

The informant named the petitioner along with other accused persons and alleged that the petitioner and others assaulted his mother, father and other family members. When the informant came after receiving such information, the petitioner Chani Lal Sah and Fanni Lal Sah are alleged to have assaulted the informant with sword and Farsa.

It is submitted that there is counter version bearing Samastipur Town P.S. Case No. 290/2016. On account of land dispute both sides entered into mutual scuffle and assault. The

Patna High Court Cr.Misc. No.12971 of 2017 (3) dt.17-04-2017 2/2 informant of course got as many as seven injuries, but all injuries are simple in nature. Similarly situated co-accused Fanni Lal Sah have already been granted anticipatory bail vide order dated 21.02.2017 passed in Cr. Misc. 7018/2017. The case of the petitioner stands on the same footing.

Considering the facts aforesaid and the fact that similarly situated co-accused has already been granted anticipatory bail by a co-ordinate bench of this court, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 289/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T