Patna High CourtCR. MISC./32465/2016bail granted

Rakib v. The State Of Bihar

2016-08-26Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32465 of 2016 Arising Out of PS.Case No. -349 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Rakib Son of Late Farid, Resident of Village- Prem Nagar, West Tola, Police Station- Araria (R.S), District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Araria (R.S.) P.S. Case No. 349 of 2016 registered for offences under sections 341, 342, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

As per the allegation made in the first information report, the accused persons came with lethal weapons such as Lathi, Farsa, Bhala, Gupti and assaulted the informant and his family members. The specific allegation has been made against the petitioner to have caused injury by Bhala on the head of brother of the informant.

The counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.32465 of 2016 (3) dt.26-08-2016 2/2 allegation is completely belied from the fact that the injury report does not testify the nature of injury, which could be sustained by a Bhala and it has been mentioned that the cause of injury by hard blunt substance is simple in nature.

There is case and counter case from both sides. As per the petitioner, he has lodged the case earlier to the present case, in such view of the matter, let the petitioner, above named, be released on bail on his 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, Araria in connection with Araria (R.S.) P.S. Case No. 349 of 2016, subject to the condition that one of the bailors shall be a close relative of the petitioner.

(Shivaji Pandey, J) Mahesh/- U T