Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13040 of 2021 Arising Out of PS. Case No.-252 Year-2020 Thana- DESARI District- Vaishali ====================================================== Suresh Rai, aged about 36 years, male, S/o Late Shiv Nandan Rai, Resident of Jahangirpur Sham, P.S.- Desri, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-01-2022 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Desri P.S. Case No. 252 of 2020 instituted for the offences under Sections 341, 342, 323, 324, 307, 337 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation against the petitioner in particular is of having assaulted the informant by means of a lathi,

Patna High Court CR. MISC. No.13040 of 2021(3) dt.27-01-2022 2/3 causing injury on his arm. The opinion with respect to the injury caused by him, in the first instance, was kept reserved. Later, with no fracture having been found, the injury was opined to be simple in nature.

It has been submitted on behalf of the petitioner that despite the Court below seeking the injury report from the police, the same was not forthcoming. Precisely for this reason, the petitioner had made an assumption that there is no injury report of the informant on record.

It appears from the case diary that the informant has received two injuries, one of which is attributable to one Rajniti Rai, which has been reported to be simple in nature. So far as the injury caused on the arm of the informant is concerned, after the supplementary report, that has also been found to be simple in nature.

Regard being had to the facts afore-stated and nothing in the police papers to indicate anything otherwise against the petitioner, the provisional bail granted to him vide order dated 24.12.2021 is, hereby, confirmed. He shall remain on the same bail bonds.

Patna High Court CR. MISC. No.13040 of 2021(3) dt.27-01-2022 3/3 The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T