Patna High CourtCR. MISC./11863/2017bail granted

Pappu Sah @ Vidyasagar Sah v. The State Of Bihar

2017-04-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11863 of 2017 Arising Out of PS.Case No. -158 Year- 2016 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================

1. Pappu Sah @ Vidyasagar Sah, Son of Baban Sah, resident of VillageBharadih, Police Station- Kochas (Parsathua), District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2017 Heard both sides.

The petitioner seeks bail in Kochas (Parasathua) case No. 158 of 2016 under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act. The petitioner, Pappu Sah @ Vidyasagar, Sah is alleged to have assaulted Panna Lal @ Umesh Chandra Gupta with butt of rifle.

It is submitted that Panna Lal @ Umesh Chandra Gupta got simple injuries as would appear from Annexure-3 series. It is further submitted that there is land dispute between the two sides and series of litigation is going on. The petitioner is in jail since 24.01.2017. A title suit is also pending between the parties in the Civil Court.

Patna High Court Cr.Misc. No.11863 of 2017 (3) dt.26-04-2017 2/2 On the other hand, the learned counsel for the informant as well as the learned Additional Public Prosecutor opposed the prayer for bail.

It appears that petitioner is, of course, armed with rifle but he is alleged to have assaulted Panna Lal @ Umesh Chandra Gupta with butt of rifle and the injury sustained by Panna Lal is opined to be simple in nature. Admittedly, there is land dispute between the parties.

Considering the facts aforesaid and the nature of allegation made against the petitioner, 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 Additional Chief Judicial Magistrate-I, Rohtas at Sasaram in Kochas (Parasathua) P.S. Case No. 158 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T