Aniket Ishwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43583 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -BACHWARA District- BEGUSARAI ====================================================== Aniket Ishwar son of Ramanand Ishwar resident of Village : Bharaul, Ward No. 3, P.S. Bachhwara, District Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code. The prosecution case as per the written report of Ramswarath Sahni dated 14.02.2018submitted to Station House Officer, Bachhawara P.S., is to the effect that on the same day at 6.30 P.M., there was a fight between the children of both sides, in the meantime, seven accused persons including the petitioner came variously armed and started assaulting the son of

Patna High Court Cr.Misc. No.43583 of 2018 (2) dt.19-07-2018 Nilam Devi. It is alleged that the petitioner assaulted with iron rod on the head of Anil Sahni causing injury and co-accused Nitish Ishwar assaulted Shankar Sahni and Shrawan Kumar with lathi.

It is submitted by learned counsel for the petitioner that for a petty dispute, the accusation has been levelled against the petitioner. The injury caused by the petitioner has been found superficial simple in nature and there is a counter version lodged by petitioner side against the informant side being Bachhwara P.S. Case No. 22 of 2018. It is further state that co-accused Nitish Ishwar has been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 33665 of 2018.

Learned APP, however, submits that the petitioner is named in the FIR.

Considering the genesis of the occurrence and co-accused has been granted anticipatory bail coupled with the statement made in paragraph 3 of the petition that the petitioner is accused in two other cases in which he is on bail, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of

Patna High Court Cr.Misc. No.43583 of 2018 (2) dt.19-07-2018 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-VII -cum- A.C.J.M.- VI, Begusarai in connection with Bachhwara P.S. Case No. 21 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T