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Patna High CourtCR. MISC./389/2015bail granted

Kanhaiya Lal Sah @ Kanhai Sah v. The State Of Bihar

2015-01-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.389 of 2015 Arising Out of PS.Case No. -29 Year- 2013 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kanhaiya Lal Sah @ Kanhai Sah, son of Late Janak Sah, resident of Village-Jatwaliya, P.S.-Kundwa Chainpur, District-East Champaran. .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Rajesh Kumar Singh, Advocate For the Opposite Party : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-01-2015 Heard both sides.

The petitioner, Kanhaiya Lal Sah @ Kanhai Sah, seeks regular bail in Kundwa Chainpur P.S. Case No.29 of 2013, registered under Section 307 and other sections of the Indian Penal Code.

The informant, Dhanpat Sah, named the petitioner along with three accused persons and alleged that they all assaulted the informant and others and when Nagendra Sah came to save, on the order of the petitioner, Santosh Sah assaulted Nagendra Sah with iron rod on his head. The only allegation against the petitioner is that he is the order giver and for that he is in jail since 23.10.2014.

Learned counsel for the informant, however, vehemently opposed the prayer.

Patna High Court Cr.Misc. No.389 of 2015 (2) dt.08-01-2015 2/2 Considering the facts and the nature of allegation made against the petitioner and the fact that the petitioner is in jail for about three months, his prayer for bail is allowed. The petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sikrahna, East Champaran at Motihari in connection with Kundwa Chainpur P.S. Case No.29 of 2013.

(Prabhat Kumar Jha, J) Pawan/- U T