Lalit Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41003 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -NIRMALI DistrictSUPAUL =====================================

1. Lalit Sah, Son of Jiwach Sah, resident of Village- Majhari, Police Station- Nirmali, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Arun, Adv. For the Opposite Party/s : Mr. Yogendra Kumar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Nirmali P.S. Case No. 39 of 2016, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307 and 354A of the Indian Penal Code and Section 27 of the Arms Act.

From the First Information Report, it is evident that there is land dispute between the parties. It is alleged against the petitioner that he opened fire, targeting one Ganesh Kumar due to which he sustained

Patna High Court Cr.Misc. No.41003 of 2016 (2) dt.26-09-2016 2/3 injury and fell down instantaneously.

Learned counsel for the petitioner has taken me to the injury report of said Ganesh Kumar, which shows that injury, inflicted on the hand of said Ganesh Kumar, found to have been caused by a sharp cutting weapon. Learned counsel for the petitioner has, accordingly, submitted that the allegation against the petitioner of causing injury by firearm stands falsified by the injury report.

I find substance in the submission so made on behalf of the petitioner.

This application is, accordingly, allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released 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 learned SubDivisional Judicial Magistrate, Birpur (Supaul), in connection with Nirmali P.S. Case No. 39 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of

Patna High Court Cr.Misc. No.41003 of 2016 (2) dt.26-09-2016 3/3 failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/-c U T