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Patna High CourtCR. MISC./54101/2016bail granted

Tarun @ Aditya Raj @ Mangla @ Tarun Kumar v. The State Of Bihar

2016-12-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54101 of 2016 Arising Out of PS.Case No. -331 Year- 2016 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Tarun @ Aditya Raj @ Mangla @ Tarun Kumar, Son of Manoj Yadav, resident of Village - Salkhua, Police Station Salkhua, District - Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Viveka Nandsingh, Advocate For the Opposite Party : Mr. Harendra Prasad(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offences punishable under Sections 323 and 307/34 of the Indian Penal Code.

It is alleged that the informant being Principal of Taigore Public School, Simri Bakhtiarpur, was returning from the school and when he reached near pitch road, all of a sudden he was attacked by the miscreants and sustained heavy blow on his head. He could not identify any of the culprits. It has been submitted on behalf of the petitioner that FIR has been lodged after delay of more than 24 hours. It has further been submitted that there is no specific mention of the

Patna High Court Cr.Misc. No.54101 of 2016 (2) dt.21-12-2016 2/2 weapon by which the informant has been assaulted. The learned Sessions Judge has mentioned in the impugned order that case diary speaks that informant sustained grievous injury on his head. It is opined to be dangerous to life. But there is no mention of any specific role played by the petitioner causing the aforesaid injury to the informant. It is mentioned in para-20 of the bail petition that the charge sheet has been submitted for the offences under Sections 341, 323, 326 and 307/34 of the Indian Penal Code. Petitioner is in custody since 27.09.2016.

In the aforesaid circumstances, let the petitioner, above named, 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, Saharsa, in connection with Bakhtiarpur P.S. Case No. 331 of 2016.

(Sanjay Priya, J.) ravi/- U T