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Patna High CourtCR. MISC./13479/2017bail granted

Narayan Sah @ Narayan Kr. Sah v. The State Of Bihar

2017-05-02Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13479 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -ARER District- MADHUBANI ====================================================== Narayan Sah @ Narayan Kr. Sah, S/o Singheshwar Sah, Resident of Village- Karhi (Naotoli), P.S.- Arer, District- Madhubani, Bihar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 02-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Arer P.S. Case No.100 of 2016/G.R. No.945 of 2016 registered under Sections 341, 323, 354(B), 379 and 307/34 of the Indian Penal Code. The accusation is that five persons, named in the F.I.R., including the petitioner armed with deadly weapons reached at the field of the informant and started to abuse him saying that as to why he is cutting the paddy crops from the field. When the informant made protest saying that the land is belonging to his share, then on the order of Singhewhar Sah, all of them started to cause assault to him through Dabia, iron rod, lathi and danda. Thereafter, Singheshwar Sah caused blood oozing injury at the head of the informant through Farsa due to

Patna High Court Cr.Misc. No.13479 of 2017 (2) dt.02-05-2017 2/2 which he fell down. At that time, Deo Chandra Sah alias Deva assaulted the informant through iron rod on his face due to which one teeth of the informant has broken. When Shanti Devi, the wife of the informant, rushed to save the informant, Narayan Sah (petitioner) dashed her on the ground by unfolding her cloths. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that due to land dispute, the alleged occurrence took place and only to put undue pressure, the petitioner has falsely been implicated in this case.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Arer P.S. Case No.100 of 2016/G.R. No.945 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T