Ravi Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2161 of 2016 Arising Out of PS.Case No. -233 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Ravi Shankar Sah, son of Shiva Nath Sah, Resident of Village- Jhunapur, P.S.- Muffasil, Mahadeva, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Binod Kr. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Siwan (Muffasil) P.S. Case No. 233 of 2015 registered under Sections 341, 323, 307 and 506 read with 34 of the Indian Penal Code.

It is contended that no occurrence as alleged in the FIR has ever taken place. Actually, the son of the informant had taken a sum of Rs. 3000/- from the petitioner by way of loan with a promise to return, but it was not refunded. The petitioner requested several times for his money and on the date of

Patna High Court Cr.Misc. No.2161 of 2016 (2) dt.18-01-2016 2 / 2 occurrence he called the petitioner but in place of returning the money, the informant and his son started abusing and threatening the petitioner which resulted in minor scuffle and during that course, the victim fell and received several injuries on his head. It is further contended that it would be evident from the impugned order itself that the nature of injury was simple. Regard being had to the submissions made hereinabove as also the nature of injury, as mentioned in the impugned order, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to 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 the learned Chief Judicial Magistrate, Siwan in connection with Siwan (Muffasil) P.S. Case No. 233 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T