Abhay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7713 of 2019 Arising Out of PS. Case No.-640 Year-2018 Thana- Danapur District- Patna ====================================================== Abhay Sharma, aged about 21 years [male], S/o Ajay Sharma, R/o - Gabhtal, Danapur, P.S.- Danapur, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

04-04-2019 Heard Sri Ghanshyam Tiwary, learned counsel for the petitioner and Sri Uday Pratap Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Danapur P.S. Case No. 640 of 2018 registered for offence under Sections 341, 323, 308, 379, 34 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that petitioner and informant are gotiya and on trivial issue, dispute has taken place. He further submits that in this case, earlier case diary and injury report were called for, which have been received.

On perusal of injury report, it is evident that injury was found to be simple in nature, caused by hard and blunt

Patna High Court CR. MISC. No.7713 of 2019(3) dt.04-04-2019 2/2 substance. It has also been argued that from the petitioner's side also, an F.I.R. was lodged, vide Danapur P.S. Case No. 641 of 2018.

Considering the fact that petitioner and informant are gotiya and there is case and counter case as well as injury report, which shows that injury received on the person was simple in nature, there is no reason to refuse the prayer for anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, the petitioner namely Abhay Sharma be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Danapur in connection with Danapur P.S. Case No. 640 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) anay U T