Patna High CourtCR. MISC./11029/2016bail granted

Takkan Sah @ Dhakkan Sah And ANR v. The State Of Bihar

2016-04-18Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.11029 of 2016 (2) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11029 of 2016 Arising Out of PS.Case No. -759 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================

1. Takkan Sah @ Dhakkan Sah S/o Mishri Lal Sah

2. Shiv Jee Sah S/o Takkan Sah Both R/O Bengaha, Ward No. 04, P.S. & Dist.- Saharsa .... .... Petitioners

Versus

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

For the Petitioners : Mr. Neeraj Kumar, Advocate For the Opposite Party : Mr. Narendra Kr.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Sadar P.S. Case No. 759 of 2015 for the offences instituted under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code.

As per the prosecution case, while the informant was going for spraying on chilly crop all the accused persons assaulted the informant with farsa as a result of which causing injury on his head.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have falsely been implicated in the present case. From perusal of the

Patna High Court Cr.Misc. No.11029 of 2016 (2) dt.18-04-2016 injury report, it appears that all the injuries are simple in nature, hence no offence under Section 307 of the IPC is made out. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sadar P.S. Case No. 759 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T