Budhan Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34801 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -SALIMPUR District- PATNA ====================================================== Budhan Sao, Son of Jawahir Sao @ Jawahar Sao, resident of VillageRamnagar, Police Station- Bakhtiyarpur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Salimpur P.S. Case No. 64 of 2016/ G.R. No. 754 of 2016 for the offences punishable under sections 341, 323, 324, 504 and 307/34 of the I.P.C. Allegedly, the petitioner and other FIR named accused persons started abusing and assaulting the informant and his brother with sword, knife and lathi causing injury on the head and further there was knife blow injury on the back and during saving brother Ganesh Sah also became injured and his head was raptured.

Submission is of false implication and that this case is

Patna High Court Cr.Misc. No.34801 of 2017 (4) dt.17-10-2017 2/2 counter blast of Salimpur P.S. Case No. 63 of 2016, no offence under section 307 of the I.P.C. is made out.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that fracture on the right ulna was found on the persons of the informant; vide paragraph-55 of the case diary.

In the facts and circumstances stated above, considering that this case is counter blast of Salimpur P.S. Case No. 63 of 2016, both sides have received injuries and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M, Barh (Patna) in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T