Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36520 of 2018 Arising Out of PS. Case No.-191 Year-2017 Thana- KURTHA District- Jehanabad ====================================================== Amresh Kumar son of Sanjay Sao resident of village - New Mubarakpur, P.S. Kurtha, Dist. Arwal.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner, the learned APP for the State as well as learned counsel appearing on behalf of the informant.

Petitioner, already in custody, seeks bail in connection with Kurtha P.S. Case No.191 of 2017 registered under Sections 341, 324, 307, 379, 354, 448, 34 of the Indian Penal Code. Allegation in brief is that the quarrel took place and the petitioner has given knife blow over the neck of the informant's brother and thereafter other co-accused, Kamlesh and Raushan, assaulted on cheek and neck with knife. Learned counsel for the petitioner submits that there is case and counter case between both sides, the informant's brother used to tease the sister of the petitioner, therefore, the occurrence took place, there is allegation on two persons of

Patna High Court Cr.Misc. No.36520 of 2018(4) dt.26-07-2018 2/2 giving knife blow on the neck, however the three injuries inflicted on the person of the injured were found to be simple in nature and the petitioner has no criminal antecedent; whereas the learned counsel for the informant opposes the prayer of bail of the petitioner and submits that grievous injury was caused to the victim. However, the learned counsel for the State submits that the opinion was reserved regarding the injury and there is no final opinion up-till-now.

Having considered the aforesaid facts and circumstances, the final opinion is also not available in the case diary and there is no repetition of blow, so petitioner Amresh Kumar is directed to be released 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 Chief Judicial Magistrate, Arwal in connection with Kurtha P.S. Case No.191 of 2017.

(Arun Kumar, J) S.KUMAR/- U T