Awadhesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66299 of 2019 Arising Out of PS. Case No.-343 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== AWADHESH SAH S/o Asharfi Sah R/o village- Sakho Ramdas, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gopalganj P.S. Case No. 343 of 2019, registered under Section 307, 379 and other allied Sections of the Indian Penal Code. The accusation is that informant, Chandan Sharma, was returning to his house from the court after getting bail but in the way, six persons named in the F.I.R. including the petitioner having lathi, danda and iron rod in their hand came ner him and stopped his motorcycle. At that time, Manoj Sah and Sanoj Sah started to abuse and cause assault through iron rod, in which, he fell down. Thereafter, on the order of Krishna Sah, Harendra Sah gave knife blow causing injury at his neck. When Kundan Sharma and Abdh Kishore Sharma rushed to save him then this petitioner gave iron rod

Patna High Court CR. MISC. No.66299 of 2019(2) dt.05-11-2019 2/2 blow to them. At that time, Sanoj Sah snatched Rs.40,000/- from the pocket of his brother, Kundan Sharma.

Learned counsel for the petitioner submits that there is specific allegation against the petitioner to cause injury through iron rod to Kundan Sharma and Abdh Kishore Sharma, brother and father of the informant but in trial court, while the case diary was received, in which it is detailed in paragaraph 35 that injury report could not be obtained due to non-cooperation of the authority. Further submission is that petitioner has no criminal antecedent. 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 Learned Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj P.S. Case No. 343 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T