Jhohan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51512 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jhohan Sah, S/o Late Munni Sah, R/o Village- Mahdewa, P.S. Raxaul, District- East Champaran.

.... .... 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 -------------- 06-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Raxaul P.S. Case No.72 of 2017 registered under Sections 341, 323, 324, 307, 380 and 504/34 of the Indian Penal Code. The accusation is that 10 persons, named in the F.I.R., including the petitioner variously armed with weapons came at the door of the informant and stated to abuse and cause assault. At that time, Sohan Sah gave the Garasa blow repeatedly at the head of the informant causing blood oozing injury. In that course, Sandeep Sah caused fracture injury through iron rod at the right hand of the informant and this petitioner caused injury at the back

Patna High Court Cr.Misc. No.51512 of 2017 (2) dt.06-11-2017 2/3 of the informant through lathi resulting pain into his back and waist. Ramayan Sah caused injury at the head of the grandson of the informant through lathi. Thereafter, Jitendra Sah took gold ornaments and cash Rs.10,000/- breaking the box of the informant. Learned counsel appearing on behalf of the petitioner submits that while there is specific allegation against Sohan Sah to give Garasa blow repeatedly at the head of the informant causing blood oozing injury but there is only allegation against the petitioner to cause injury at the back of the informant through lathi.

Further submission is that the co-accused Sandeep Sah against whom there is allegation to cause fracture injury at the right hand of the informant through iron rod and six others have already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 11.08.2017 passed in Criminal Misc. No.35673 of 2017. The petitioner has no criminal antecedent. 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) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Raxaul, East Champaran, in connection with Raxaul P.S. Case No.

Patna High Court Cr.Misc. No.51512 of 2017 (2) dt.06-11-2017 3/3 conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T