Naresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43056 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -BHARGAWAN District- ARRARIA ====================================================== Naresh Sah Son of Late Gulab Chand Sah, Resident of Village- Shekhpura, P.S.- Bhargama, Dist- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-10-2016 Heard Sri Ramesh Kumar Singh, learned counsel for the petitioner and Sri Binod Kumar Yadav, learned counsel who has voluntarily appeared on behalf of the informant. None has appeared on behalf of the State The sole petitioner, who is in custody since 4.8.2016 has prayed for grant of bail in Bhargama P.S. Case No. 96 of 2016 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code.

By way referring to the F.I.R. it was submitted by learned counsel for the petitioner that in land dispute occurrence had taken place in between both the sides and from both the sides injuries were received. Even from the petitioner's side an F.I.R. was lodged in which petitioner was the informant. He

Patna High Court Cr.Misc. No.43056 of 2016 (2) dt.18-10-2016 2/2 further submits that there were no serious injuries on the part of the informant's side of the present case, whereas Sri Binod Kumar Yadav, learned counsel for the informant opposing the prayer submit that injuries were serious in nature and this was the reason that injured were examined at Katihar Medical College.

Besides hearing learned counsel for the parties I have also perused the materials available on record. On going through the record it is evident that first F.I.R. was lodged against the petitioner and on the same day second F.I.R. was lodged by the petitioner as informant vide Bhargama P.S. Case No. 97 of 2016 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code.

Keeping in view the fact that there is admitted land dispute and case and counter case as well as nature of accusation, let the petitioner Naresh Sah be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sri Kumar Avimanyu, A.C.J.M. II, Araria / concerned court in connection with Bhargama P.S. Case No. 96 of 2016. (Rakesh Kumar, J) Praful/- U T