Patna High CourtCR. MISC./19044/2016bail granted

Bimlesh Rai v. The State Of Bihar

2016-05-05Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19044 of 2016 Arising Out of PS.Case No. -97 Year- 2013 Thana -BELA District- SITAMARHI ======================================================

1. Bimlesh Rai Son of Kaje Rai Resident of village - Sirsiya, P.S. Bela, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case initially, registered for the offences punishable under Sections 341, 324, 504/34 of the Indian Penal Code and later on, Section 307 of the Indian Penal Code was also added.

Petitioner is said to have given dagger blow causing injury on the head of the informant. The learned Additional Sessions Judge has mentioned in the impugned order that altogether four injuries were found on the person of the informant and out of the aforesaid injury, one incised wound on left side of forehead 1"x1/4"x Skin deep caused by sharp cutting weapon was found on the person of the informant.

Patna High Court Cr.Misc. No.19044 of 2016 (2) dt.05-05-2016 2/2 Learned counsel for the petitioner fairly submitted that doctor opined that injuries found on the person of the informant were dangerous to his life but the aforesaid finding of the doctor is not on the basis of nature of the concerned injuries. Moreover, only one injury is said to have been caused by the petitioner and the nature of aforesaid injury appears to be superficial.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner is in jail custody since 15.02.2016, 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, Sitamarhi in connection with Bela P.S. Case No. 97 of 2013.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T