Dharmveer Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18860 of 2019 Arising Out of PS. Case No.-463 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Dharmveer Rai, aged about 26 years, Male, Son of Shobhit Rai, R/o villageNaya Tola, Bariyarpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashhar Mustafa, Adv.
For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-04-2019 The petitioner seeks bail in anticipation of his arrest in connection with Bakhtiyarpur P.S. Case No. 463 of 2018, dated 10.09.2018, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 308 and 504 of the Indian Penal Code.
Though the petitioner is said to have assaulted the informant by means of a sharp cutting weapon, but the injury received by him has been opined to be simple in
Patna High Court CR. MISC. No.18860 of 2019(2) dt.01-04-2019 2/3 nature.
It has been submitted on behalf of the petitioner that there is a long pending dispute between the parties, which has culminated in another case having been filed against him apart from the subject F.I.R. It has further been submitted that there was some dispute between the informant and the son of one Sheela Devi, who too has filed a case against the informant of the subject F.I.R. vide Bakhtiyarpur P.S. Case No. 464 of 2018. In the aforesaid dispute between the informant and the son of aforesaid Sheela Devi, author of Bakhtiyarpur P.S. Case No. 464 of 2018, the petitioner had taken side of Sheela Devi and, therefore, he has been falsely implicated in this case. Considering the aforestated facts, viz., the pending dispute between the parties, simple injury suffered by the informant and earlier case having been lodged at the instance of the family members of the informant in which the petitioner is on bail, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of
Patna High Court CR. MISC. No.18860 of 2019(2) dt.01-04-2019 3/3 receipt/production of a copy of the present order is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Barh, in connection with Bakhtiyarpur P.S. Case No. 463 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T