Rajiv Anand @ Rinku Yadav @ Rinku Yadv v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11119 of 2016 Arising Out of PS.Case No. -264 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Rajiv Anand @ Rinku Yadav @ Rinku Yadv Son of Umesh Kumar Bharti, Resident of Village- Rampur Uttar ward No. 8, P.S. Forbisganj, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Kumar Singh For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-03-2016 Supplementary affidavit is filed on behalf of the petitioner.
Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.
Petitioner is said to have assaulted the informant by means of khukhari as a result of which informant sustained injury near his left eye as well as on his right palm and in that course, the petitioner and his associates snatched cash from the informant.
Patna High Court Cr.Misc. No.11119 of 2016 (2) dt.10-03-2016 2/2 The impugned order shows that at the time of passing the impugned order, the prosecution failed to produce the complete injury report of informant. Moreover, in course of hearing, when this court made query to the learned counsel appearing for the informant, he, too, failed to produce any injury report of injured of this case.
Learned counsel for the petitioner points out that the matter has amicably been settled by the parties and as a matter of fact, some dispute had taken place between the informant and petitioner in course of business transaction resulting filing of the present case. It is further submitted that so far as criminal antecedent of the petitioner is concerned, almost all the cases had been lodged against the petitioner near about ten years ago. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbisganj P.S. Case No. 264 of 2015.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T