Ramraj Prasad And Ram Raj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47144 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -MEHANDIA District- JEHANABAD ====================================================== Ramraj Prasad @ Ram Raj Prasad, Son of Late Suraj Prasad, R/o VillageShivpur, P.S.- Mahendia, District- Arwal. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Amit Narayan, Advocate Mr. Nirmala Kumari, Advocate For the Opposite Party : Mr. Chandra Bhushan Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Mahendia P.S. Case No. 43 of 2017, registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

In the First Information Report there is allegation against the petitioner that he assaulted Vinay Kumar with lathi. The injury report of Vinay Kumar reveals that he has received fracture of his right hand and the injury is grievous. Submission is of false implication and that there is case and counter case. No offence under Section 307 of the I.P.C. is made out as the injury caused on Vinay Kumar is not on vital

Patna High Court Cr.Misc. No.47144 of 2017 (3) dt.12-12-2017 2/2 part and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that the injury on the person of Vinay Kumar is not on the vital party of the body and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 Mahendia P.S. Case No. 43 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T