Nikhil Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38677 of 2015 Arising Out of PS.Case No. -198 Year- 2015 Thana -PIRO District- BHOJPUR ======================================================

1. Nikhil Kumar Rai, son of Late Dina Nath Rai, resident of village Bachari, P.S. Piro District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,341,325,307,427,336 and 337 of the Indian Penal Code.

The prosecution case is that the accused persons came to the door of the informant and started demolishing the wall of the informant. On protest being made by the elder brother of the informant namely Rahul, co accused Dharmendra assaulted him with hammer on his head. When the informant went to rescue, this petitioner assaulted with iron pipe on his

Patna High Court Cr.Misc. No.38677 of 2015 (2) dt.28-09-2015 2/3 head. Dharmendra assaulted the informant on his back when co accused Mukesh Kumar, Gopal Rai, Sushila Devi went to rescue, they were also assaulted. It is further alleged that co accused Ratana Devi, Maheshwari Devi and Ampu Devi assaulted with bricks to the informant side.

It is submitted by the learned counsel for the petitioner that in the background of land dispute the accusation has been levelled. The only accusation against the petitioner is that he assaulted with iron pipe on the head of the informant but there is no injury on the person of the informant. Statement to that effect has been made in paragraph 12 of the petition and the learned Sessions Judge has also recorded the said fact in the impugned order. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, 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 bond of Rs. 10,000/- (ten thousand)

Patna High Court Cr.Misc. No.38677 of 2015 (2) dt.28-09-2015 3/3 with two sureties of the like amount each to the satisfaction of learned ACJM, Bhojpur at Ara in connection with Piro P.S. Case No.198 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T