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Patna High CourtCR. MISC./25948/2018allowed

Sunil Sah @ Sunil Kumar v. The State Of Bihar

2018-05-24Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25948 of 2018 Arising Out of PS.Case No. -921 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Sunil Sah @ Sunil Kumar S/o Late Bande Lal Sah, R/o Vill.- Mia Haat, Chauraprava, Ward No. 09, P.S.- Forbesganj, Distt.- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Mandal For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-05-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner apprehends arrest in Forbesganj PS Case No. 921 of 2017, registered under Sections 147, 148, 149, 341, 323, 324, 307, 354-(B), 379, 504, 506, 34 and 302 of the IPC. The allegation in brief is that the accused persons came to the betel shop of the informant's cousin and started assaulting him, when the informant's sister and father objected then both were assaulted.

Learned Counsel for the petitioner submits that in the case diary witnesses have stated that only Rajan Sah and Chandan Sah have assaulted the deceased Sitambar Das and not the petitioner so there is no accusation of assault against the petitioner moreover only one antimortem injury was found on the deceased and the petitioner is a teacher in 10 + 2 Government School and has no criminal antecedent only due to land dispute with the informant he has been falsely implicated.

Having considered the said facts and circumstances, the petitioner Sunil Sah @ Sunil Kumar is directed to be released on anticipatory bail in the event of his arrest or surrender within a period

Patna High Court Cr.Misc. No.25948 of 2018 (4) dt.24-05-2018 of four weeks from today on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Araria in connection with Forbesganj PS Case No. 921 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Arun Kumar, J) Snkumar/- U T