Patna High CourtCR. MISC./38229/2015bail granted

Vishal Kumar Singh v. The State Of Bihar

2015-09-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38229 of 2015 Arising Out of PS.Case No. -300 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================

1. Vishal Kumar Singh, Son of Harilal Singh @ Chabilal Singh, Resident of Village Kundal, Police Station Singhiya, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Binod Kumar -Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,149,341,323,307 and 379 of the Indian Penal Code.

It is alleged that co accused Prashant Kumar Singh assaulted with Khanti to the informant. On alarm being raised Suman Kumar Singh came to rescue then he was assaulted by the petitioner with spade on his head. Co accused Nishant Kumar Singh forcibly took out three thousand rupees from the pocket of the informant.

It is submitted by the learned counsel for the petitioner that though the injury has been found to be on parietal region but the same has been opined to be caused by hard and blunt

Patna High Court Cr.Misc. No.38229 of 2015 (2) dt.23-09-2015 2/2 substance simple in nature. It is further submitted that the accusation is of causing injury by spade, a sharp cutting weapon whereas the injury has been found to have been caused by hard and blunt substance. There is counter version of the occurrence where the petitioner side also received injury. Considering the aforesaid facts, 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection with Saharsa Sadar P.S. Case No.300 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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