Arun Rai @ Arun Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40030 of 2018 Arising Out of PS.Case No. -24 Year- 2017 Thana - DANAPUR District- PATNA ===================================== Arun Rai @ Arun Kumar Rai, Son of Late Sakaldeo Rai, resident of New Gosai Tola, Near DAV School, Police Station Danapur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shrawan Kumar, Sr. Adv. For the Opposite Party/s :Mr. Nagendra Prasad, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-07-2018 This application for grant of bail arises out of Danapur P.S. Case No. 24 of 2017, dated 17.01.2017, instituted for the offences under Sections 147, 148, 341, 323, 307, 379, 427, 504 and 506 of the Indian Penal Code. The petitioner is alleged to have given a sword blow on the head of one Usha Devi, resulting in grievous injuries on her.

Mr. Shrawan Kumar, learned Senior Advocate appearing for the petitioner has submitted that the dispute

Patna High Court Cr.Misc. No.40030 of 2018 (2) dt.10-07-2018 2/3 arose because of the children fighting over a game of football. Later, the elders of both the families fought against each other.

The petitioner has also filed a counter version of the occurrence.

The allegation against the petitioner, it has been argued, though is specific, but the injury report of aforesaid Usha Devi does not indicate whether it was caused by a hard and blunt substance or by a sharp cutting weapon. In any view of the matter, there does not appear to be any intention to cause death of aforesaid Usha Devi as there is no repetition of blows. The background facts also make it very obvious that there was no intention or pre-meditation in causing injuries to various persons.

It has also been submitted that some of the other accused persons, who too are alleged to have assaulted other members of the family of the informant, have been granted bail by the Court below.

The petitioner is in custody since 24.04.2018. Considering the aforesaid facts, the petitioner, above named, is directed to be released on bail on his furnishing bail-bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.40030 of 2018 (2) dt.10-07-2018 3/3 satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Danapur P.S. Case No. 24 of 2017.

(Ashutosh Kumar, J) Praveen-II/- U T