Arjun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71001 of 2018 Arising Out of PS. Case No.-322 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Arjun Sah, S/o Bhutela Sah, resident of village-Bhitbherwa, Police StationGopalganj Town, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2019 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Counsel for the petitioner is permitted to make necessary correction in paragraph-3 of the main petition in the light iof supplementary affidavit in course of the day. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 342, 323, 324, 307, 504, 379, 506/34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was going to Gopalganj Town, the accused persons near the house of Bhuleti Sah, encircled her and started assaulting with fist and slaps and in consequence thereof, the petitioner is alleged to have inflicted

Patna High Court Cr.Misc. No.71001 of 2018(3) dt.01-02-2019 2/2 knife blow over her head, as a result of which, the informant sustained injury.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 322 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T