Patna High CourtCR. MISC./30976/2014bail granted

Chanarik Manjhi v. The State Of Bihar

2015-01-27Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.30976 of 2014 (2) dt.27-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30976 of 2014 Arising Out of PS.Case No. -163 Year- 2014 Thana -BARACHATTI District- GAYA ======================================================

1. Chanarik Manjhi Son of Late Nanky Manjhi Resident of village- Sondiha Tola Tetahia tar, P.S.- Mohanpur, Dist.- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Anil Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Barachatti P.S. Case No. 163 of 2014 registered for the offences punishable under Sections 341, 323, 307 of the Indian Penal Code.

Allegedly, when the informant went to the house of the petitioner to realize money of bamboo which was sold to him, the petitioner denied, thereafter, abused and assaulted the informant with sharp edge of palm on his head and also caused injury on his hands.

Submission is that no offence under Section 307 of the Indian Penal Code is made out. The petitioner and informant

Patna High Court Cr.Misc. No.30976 of 2014 (2) dt.27-01-2015 are neighbour and due to some business rivalry this case has been lodged. The injury, vide annexure-2, found on the person of the informant is simple in nature, and as such, he deserves sympathetic consideration to which the learned APP does not oppose.

In the facts and circumstances stated above, 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 Sri Rajiv Kumar, J. M. Ist Class, Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 163 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