Single judge order granting anticipatory bail to the petitioner in a case alleging injuries, subject to surrender within 12 weeks and bail bonds, considering retraction of the informant and lack of repetition of blows.
Petitioner released on anticipatory bail subject to surrender within 12 weeks and furnishing bail bonds of Rs.10,000/- each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1635 of 2020
Arising Out of PS. Case No.-277 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Kedar Sah, Son of Laxman Sah @ Laxman Singh Resident of VillageKarma, P.S.- Sasaram (M), District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Raghunandan Kumar Singh For the Opposite Party/s : Mrs.Rita Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 25-02-2020
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323 and 307/34 of the Indian Penal Code.
The prosecution case as per the written report of Devanti Devi submitted to the Station House Officer of Sasaram (M) Police Station is to the effect that on 25.12.2018 at 3.30 P.M. the co-villager, the petitioner Kedar Sah, co-accused Kesma Devi, Lallu Sah, Upendra Sah, Krishna Sah and one unknown lady variously armed came at the door of the informant and started assaulting the son of the informant, Sushil Kumar and when the other sons of the informant, Sonu Kumar and Raushan Kumar came from outside the house, then the
Patna High Court CR. MISC. No.1635 of 2020(2) dt.25-02-2020 2/3
petitioner Kedar Sah assaulted with danda on the head of the informant causing bleeding injury.
It is submitted by learned counsel for the petitioner that the accusation has been levelled in the background of land dispute and the injury has been found simple in nature. It is further submitted that there is no accusation of repeating the blow and informant has retracted from the initial version and filed a petition before the learned Court below which has brought on record as Annexure-5. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the accusation is specific against the petitioner.
Considering the fact that there is no accusation of repeating the blow, injury has been found simple in nature and informant has retracted from the initial version, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.1635 of 2020(2) dt.25-02-2020 3/3
each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 277 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in the present circumstances involving parole-like conditions.
1 provisions across 1 enactments
Kedar Sah
The State Of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
