Amrendra Singh @ Amarendra Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.29616 of 2014 (2) dt.13-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29616 of 2014 Arising Out of PS.Case No. -25 Year- 2014 Thana -PARIHAR District- SITAMARHI ======================================================

1. Amrendra Singh @ Amarendra Singh Son of Sitaram Singh Resident of Village - Koiria Pipra, P.S.- Parihar, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Rajendra Singh Shastri Ji(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Parihar P.S. Case No. 25 of 2014 registered for the offences punishable under Sections 323, 324, 341, 307, 379/34 of the Indian Penal Code.

Allegedly, the petitioner assaulted the informant with knife with intention to kill which hit on the left side of his forehead near left eye and bleeding started and thereafter other coaccused persons also assaulted the informant with the butt of Nalkatuwa and lathi. Further allegation is that Lal Kishore Singh snatched gold chain and the petitioner took out Rs. 15,000/- from the possession of the informant.

Submission is that from the impugned order it is

Patna High Court Cr.Misc. No.29616 of 2014 (2) dt.13-01-2015 apparent that all the injuries were found to be simple in nature, one lacerated wound near left eye 1" x 1/6" has been found and other injuries are swelling etc. which is evident from the paragraph 5 of the impugned order itself and the allegation of theft is supper addition, and as such, the petitioner deserves sympathetic consideration to which the learned counsel appearing on behalf of the informant opposes by pointing out that the petitioner has assaulted with knife with intention to kill and near left eye the injury has been found.

Considering that all the injuries found on the person of the informant are simple in nature caused by hard blunt substance, as is evident from the impugned order as such the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Parihar P.S. Case No. 25 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T