Vivekanand v. The State Of Bihar

Patna High Court Cr.Misc. No.53294 of 2016 (2) dt.08-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53294 of 2016 Arising Out of PS.Case No. -484 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Vivekanand, S/o Nageshwar Sah, Resident of Village-Dhusmuri Bisanpur, P.S.-Muffasil, District-Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Khagaria (Muffasil) P.S. Case No. 484 of 2016 registered under Sections 341, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that petitioner along with his brother Bedanand Sah, father Nageshwar Sah and mother Chandrakala Devi came near the informant armed with lathi and iron rod and attacked on her. At that time, Nageshwar Sah, father of the petitioner, caused injury at the head of informant through iron rod His son Kundan Kumar was also assaulted through lathi. In the meantime, they snatched his gold chain. The petitioner and his

Patna High Court Cr.Misc. No.53294 of 2016 (2) dt.08-12-2016 mother also snatched Rs.2000/- to the informant. At that time, Bedanand shot fire in the air and fled away.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case only with allegation of snatching cash of Rs.2000/- to the informant. The allegation of causing of assault at the head of informant is against Nageshwar Sah, father of the petitioner and this petitioner has no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Muffasil) P.S. Case No. 484 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T