Fanni Lal Sah @ Pani Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7018 of 2017 Arising Out of PS.Case No. -289 Year- 2016 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Fanni Lal Sah @ Pani Lal Sah, son of Late Ishwar Sah, resident of VillagePethiya 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, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 447, 341, 323, 324, 307, 379 and 427/504 of the Indian Penal Code. It has been submitted that there is case and counter case between the parties and the occurrence took place on account of land dispute. There is injury also from the side of the petitioner in the counter case.

From the written report it appears that there is specific allegation against the petitioner of assaulting with Farsa and sword to the informant on his head. The injury report of the informant has been annexed as Annexure-3 series from which it appears that he had sustained simple injuries and not on the vital

Patna High Court Cr.Misc. No.7018 of 2017 (2) dt.21-02-2017 2/2 part of the body. Besides this, there is general and omnibus allegation against the petitioner that he along with other coaccused assaulted other family members of the informant. In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest within six weeks from the date of receipt of this order, in connection with Samastipur Town P.S. Case No. 289 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T