Mithu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25898 of 2017 Arising Out of PS.Case No. -293 Year- 2013 Thana -MADHEPURA District- MADHEPURA ====================================================== Mithu Sah Son of Arun Sah, resident of Madhepura, Ward No. 08, P.S. & District- Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Singh, Advocate.

For the Opposite Party : Ms. Indu Kumari Srivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-07-2017 Heard both sides.

The petitioner apprehends his arrest in Madhepura P.S. Case No. 293 of 2013 registered for the offences punishable under Section 308 and other Sections of the Indian Penal Code. The petitioner is not named in the FIR but no specific allegation is made against the petitioner. The police after investigation submitted final form finding the case against the petitioner false but, the court below took cognizance against the petitioner also.

Considering the facts aforesaid and the fact that no specific allegation of assault is made against the petitioner and the occurrence took place on account of land dispute, the petitioner above named in the event of his arrest or surrender before the

Patna High Court Cr.Misc. No.25898 of 2017 (2) dt.07-07-2017 2/2 court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-IIIrd, Madhepura in Madhepura P.S. Case No. 293 of 2013, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T