Ranjit Kumar @ Gorelal v. The State Of Bihar
Patna High Court Cr.Misc. No.12533 of 2015 (2) dt.03-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12533 of 2015 Arising Out of PS.Case No. -60 Year- 2013 Thana -ATRI District- GAYA ======================================================
1. Ranjit Kumar @ Gorelal son of Sri Suresh Prasad resident of villageKoriyachak, PS.- Atari, District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 03.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Atari P. S. case no. 60/2013 registered under sections 341, 323, 326, 307, 504/34 of the Indian Penal Code.
The petitioner is said to have given farsa blow on the head of the informant's father causing sharp cutting injury on the head of informant's father.
Learned counsel for the petitioner drew my attention towards annexure 2 to the petition and submitted that injury sustained by father of informant is simple and, therefore, no case under section 307 of the IPC is made out.
From perusal of annexure 2 to the petition, it would appear that injured sustained simple injury said to be caused by sharp substance. There is no repetition of blow and, therefore, application of
Patna High Court Cr.Misc. No.12533 of 2015 (2) dt.03-04-2015 sections 307 and 326 of the IPC appears to be doubtful. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Atari P. S. case no. 60/2013 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T