Patna High CourtCR. MISC./28258/2016bail granted

Vimal Shahi v. The State Of Bihar

2016-07-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28258 of 2016 Arising Out of PS.Case No. -64 Year- 2016 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Vimal Shahi son of Kailash Shahi, R/o Village- Dasai, P.S.- Runnisaidpur, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379 of the Indian Penal Code.

The prosecution case is that the informant along with his son went to cultivate the land on 19.02.2016 at 10:00 A.M when petitioner Vimal Shahi and Vikash Shahi assaulted the informant and his son by iron rod, in the meantime, the other son and grand-son of the informant came to rescue then Gautam Kumar Shahi, Md. Salauddin, Md. Harun and Md. Rahmat attacked upon the informant and his grand-son and snatched gold chain and cash of Rs. 13,000/-. It is submitted by learned counsel for the petitioner that accusation of assault is omnibus and general against all the ten accused persons. The injury of the son of the informant has been found to be simple and out of four injuries

Patna High Court Cr.Misc. No.28258 of 2016 (2) dt.14-07-2016 2/2 of the informant, with regard to two injuries the opinion has been kept reserved. The case lodged by the petitioner's side is at earlier point of time. The petitioner's side also lodged Title Suit No. 284 of 2010 which is still pending.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 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, Sitamarhi in connection with Runnisaidpur P.S. Case No. 64 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T