Allowed

Kanhaiya Sah v. The State Of Bihar

Patna HC24 Nov 2017CR. MISC./51494/2017

Case brief

AI extract

What is this about?

Patna High Court granted bail to Kanhaiya Sah in a criminal case involving offences under IPC and Arms Act relating to assault on a 70-year-old victim. The Court considered the land dispute context, the nature of injuries, and the fact that another co-accused was already on bail as factors inclining it to release the petitioner.

What did the court decide?

Petitioner directed to be released on bail upon furnishing a bond of Rs. 10,000/- with one surety of the like amount to the Judicial Magistrate, Munger.

Kanhaiya Sah Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51494 of 2017

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Arising Out of PS.Case No. -61 Year- 2016 Thana -ASARGANJ District- MUNGER

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====================================================== Kanhaiya Sah Son of Pravin Sah, Resident of Village-Makwa, P.S.Asarganj, District-Munger.

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.... .... Petitioner Versus

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The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Suman Kumar Mishra, Advocate. For the Opposite Party : Mr. Abhay Kumar – 1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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3 24-11-2017 Heard the counsels for the parties.

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The petitioner seeks bail in connection with Asarganj P.S. Case No. 61 of 2016 dated 26.11.2016 instituted for the offences under Sections 448, 341, 342, 323, 307, 504, 506 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

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The victim/informant is a lady aged 70 years and is stated to have been assaulted by the petitioner and others, leading to injuries on her person.

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Learned counsel for the petitioner submits that there is a land dispute between the parties and the petitioner is one of the co-villager/neighbour of the victim. Though, the nature of the injuries has been reported by the doctor to be grievous but from the injury report, the injuries, four in number, do not appear to be

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Patna High Court Cr.Misc. No.51494 of 2017 (3) dt.24-11-2017

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grievous.

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One of the other accused with similar allegation has been granted bail, which fact gets reflected from the impugned order.

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Taking into account the period of custody of petitioner which is from 12.07.2017 and the circumstances of the case, this Court is inclined to grant bail to the petitioner.

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The petitioner above named is directed to be released on bail on his furnishing bail bond of a sum Rs. 10,000/- (Ten Thousand) with one surety of the like amount to the satisfaction of learned Judicial Magistrate, Munger in connection with Asarganj P.S. Case No. 61 of 2016.

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(Ashutosh Kumar, J)

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KKSINHA/-

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U T

Kanhaiya Sah v. The State Of Bihar

Case brief

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Kanhaiya Sah v. The State Of Bihar

Case brief

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