Sadam Shah @ Shadam Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84373 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- THALI District- Nawada ====================================================== SADAM SHAH @ SHADAM SHAH, aged about 23 years, Male, SON OF SADARU SHAH @ SADRUL SHAH, R/O VILLAGE- BAKSAUTI, P.S.- THALI, DIST.- NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-04-2024 Heard Mr. Krishna Deo Raj, learned counsel appearing on behalf of the petitioner and Mr. Kumar Veerendra Narayan, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Thali P.S. Case No. 51 of 2023 registered for the offence(s) punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the informant has alleged that petitioner has assaulted him on his head with iron rod.

4. Learned counsel appearing on behalf of the petitioner submitted that in compliance of the order dated 12.01.2024, case diary has come and from perusal of the injury

Patna High Court CR. MISC. No.84373 of 2023(3) dt.18-04-2024 2/2 report which is part of the case diary, it appears that informant has sustained injury on parietal region, which is simple in nature. The case has been lodged due to enmity. The informant is the neighbour of the petitioner.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, on perusal of the case diary, it appears that only minuscule evidence is against the petitioner and doctor has opined that injury sustained by the informant is simple in nature, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada in connection with Thali P.S. Case No. 51 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T