Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56053 of 2018 Arising Out of PS. Case No.-195 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Chandan Sah, S/o Late Sanichar Sah, Resident of Village+PO- Bhishanpur, Ward No-42, Bajrangbali Mandir, Mirjapur Banduar, Cheria Bariarpur, P.S.- Nagar, District- Begusarai- 851129.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravindra Kumar @ Ravindra Kr Rai For the Opposite Party/s :

Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 379, 504, 307 and 34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant along with other members was at the house, the accused persons came there and assaulted the informant due to which she suffered injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is a case and counter case between the parties.

Patna High Court Cr.Misc. No.56053 of 2018(2) dt.09-10-2018 2/2 The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate. The other co-accused was granted anticipatory bail vide order dated 12.09.2018 passed in Cr. Misc. No. 52649 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Nagar P.S. Case No. 195 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T