Awadhesh Kumar @ Awadhesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3326 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Awadhesh Kumar @ Awadhesh Ram, Son of Dhodhai Ram, aged about 18 years, Male, Resident of Village-Punash Beduliya, P.S.-Samastipur Muffasil, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Samastipur Muffassil P.S. Case No. 187 of 2018, dated 05.04.2018, instituted for the offences under Sections 147, 149, 307, 323, 325, 341, 504 and 506 of the Indian Penal Code.

Since cow-dung cakes were being kept near the house of the informant which was protested by him, an occurrence of assault took place. In the aforesaid

Patna High Court Cr.Misc. No.3326 of 2019(2) dt.24-01-2019 2/3 occurrence, the petitioner is said to have assaulted the informant by means of an iron road leading to injuries on his persons.

The learned counsel for the petitioner has submitted that there is a counter version of the occurrence as well lodged by the petitioner himself. The informant has received fracture in his left hand, whereas the petitioner is also seriously injured on his head. It has further been submitted that there was no intention to cause death and the occurrence took place in a flash of temper. There was no premeditation of mind and even from the averments made in the F.I.R., it becomes very clear that there was no intention to cause any serious injury, but the assault on him was only being defended.

The petitioner does not have criminal antecedents. Considering the facts aforestated, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds

Patna High Court Cr.Misc. No.3326 of 2019(2) dt.24-01-2019 3/3 in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-V, Samastipur in connection with Samastipur Mufassil P.S. Case No. 187 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T