Virendra Kumar @ Virendra Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4546 of 2016 Arising Out of PS.Case No. -334 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Virendra Kumar @ Virendra Kunwar Son of Punit Kunwar resident of village - Basant Pur, P.S. Muffasil, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Binod Kumar No. 2 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 341/ 323/324/307/379/504/506/448/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that admittedly, the informant's tractor caused injury to the buffalo of the petitioner which resulted in the present occurrence. It is contended on behalf of the petitioner that though the petitioner is said to have attacked the informant with the knife and injuries have been found to be grievous yet there were no repetition of blows so as to attract the provisions of Section 307 of the Indian Penal Code. Further, it is submitted that had there been any intention of

Patna High Court Cr.Misc. No.4546 of 2016 (2) dt.26-04-2016 P2/2 doing away of the informant and there being no intervening circumstances, the matter could have proceeded further but as there was no intention, there was no further attack. It is also submitted that admittedly the occurrence had taken place on account of a trivial incident and other similarly situated persons have been extended the privilege of anticipatory bail in Cr. Misc. No. 58442 of 2015 vide order dated 29.01.2016 and also in Cr. Misc. No. 3873 of 2016 vide order dated 27.01.2016. Considering the facts and circumstances, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Muffasil P.S. Case No. 334 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T