Raj Kumar Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.54973 of 2016 (2) dt.22-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54973 of 2016 Arising Out of PS.Case No. -86 Year- 2015 Thana -JOGBANI District- ARRARIA ====================================================== Raj Kumar Sah, son of Bishwa Nath Sah, Resident of village - South Maheshwari Ward No. 17, P.S. - Jogbani, Dist - Araria. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Jogbani P.S. Case No. 86 of 2015, registered under Sections 341, 323, 326, 307, 337 and 371 of the Indian Penal Code. The accusation is that, on 04.10.2016, in the morning, petitioner along with two others named in the F.I.R. was constructing the house at the land of the informant. When the informant made protest then petitioner caused Farsa blow at the head of the informant whereas co-accused Bishwanath Sah also caused injury at the right hand of the informant. Learned counsel for the petitioner submits that the land in dispute was allotted to the petitioner's family but the
Patna High Court Cr.Misc. No.54973 of 2016 (2) dt.22-12-2016 informant started to make protest without any reason to contract the house and at that time, occurrence took place, in which, petitioner also sustained injury, regarding which, on the basis of written report of the wife of the petitioner, Jogbani P.S. Case No. 87 of 2015 is instituted. It is further submitted that moreover two injuries were found on the person of the informant are said to be caused by hard and blunt substance.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate- I, Araria, in connection with Jogbani P.S. Case No. 86 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T