Bachchan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7401 of 2018 Arising Out of PS.Case No. -314 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Bachchan Sah S/o Babuna Sah, R/o Phakalpura, P.S.- Baikunthapur, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navendu Kumar For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Baikunthpur P.S. Case No. 314 of 2017 registered under Section 341, 147, 323, 504 and 307 of the Indian Penal Code.

Petitioner is said to have assaulted on the head of the informant by means of sword, lathi and danda. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case by the informant due to land dispute and in order to save his skin from Baikunthpur P.S. Case No.313 of 2017 filed by the brother of the petitioner earlier to the case under hand. The injury report of the victim indicates that he has sustained single injury on the head and

Patna High Court Cr.Misc. No.7401 of 2018 (02) dt.07-02-2018 - 2 - there is no repetition of blow. He has no concern with the aforesaid occurrence. The petitioner has been languishing in custody since 10.12.2017.

In the facts and circumstances of the case, the above named petitioner 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 the learned Judicial Magistrate 1st Class, Gopalganj in connection with Baikunthpur P.S. Case No.314 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T