Bhola Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68382 of 2019 Arising Out of PS. Case No.-791 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Bhola Sah, aged about 42 years (Male), S/o Late Krishandeo Sah @ Late Krishnadeo Sah R/o village- Mirjapur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Ahiyapur P.S. Case No. 791 of 2019 registered for offences under sections 341, 342, 323, 325, 326, 307 and 506/34 of the Indian Penal Code.

As per allegation, the dispute arose on account of shop as has been stated by the learned counsel for the petitioner that the turnover of the one shop was on higher side whereas the turnover of the other shop was not good, which led to altercation between the parties.

The injury report has been mentioned in paragraph no.36 of the Case Diary wherein the injury report of the Shri Krishna Medical College and Hospital, Muzaffarpur has also

Patna High Court CR. MISC. No.68382 of 2019(3) dt.06-03-2020 2/2 been attached showing the injury to be simple in nature. He further submits that the occurrence has taken placed on 17.6.2019 but, the First Information Report has been instituted on 1.7.2019 and, thus, there is a long delay in lodging the F.I.R. Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 791 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T