Sushil Kumar @ Sarla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50378 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Sushil Kumar @ Sarla Son of Abdhesh Prasad Singh, R/o village - Nawkothi, P.S. Nawkothi, District Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2016 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, 324, 307, 337, 338, 504 and 506/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner assaulted the informant and his cousin by means of sword, as a result of which they sustained head injuries. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is a case and counter case between the parties. The nature of injury is simple. Hence, no offence under Section 307

Patna High Court Cr.Misc. No.50378 of 2016 (2) dt.25-11-2016 2/2 I.P.C. is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Nawkothi P.S. case No.70 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T