Patna High CourtCR. MISC./37423/2016bail granted

Umesh Rai v. The State Of Bihar

2016-09-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37423 of 2016 Arising Out of PS.Case No. -37 Year- 2014 Thana -NAUHATTA District- SAHARSA ======================================================

1. Umesh Rai Son of Sato Rai Resident of village - Satore Tola Koyla, Police Station Nawahatta, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-09-2016 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 28-072016 in a case registered under Sections-307, 379& other minor sections of the Indian Penal Code.

It is alleged that the petitioner assaulted the injured, Shyam Rai by means of iron rod but prior to assault of the petitioner, co-accused, Shashi Kant Rai gave farsa blow, causing head injury to the injured Shyam Rai and after having received aforesaid head injury, the injured Shyam Rai fell on the ground. The injured Shyam Rai was examined at Primary Health Centre,

Patna High Court Cr.Misc. No.37423 of 2016 (2) dt.08-09-2016 2/2 Nauhatta after the occurrence and the doctor found two injuries. One injury was found on the scalp and the second injury is said to be complain of pain in the whole body. The injured was referred to Saharsa, where he was again examined and it was found that the 8th rib of the injured was broken and accordingly, the doctor opined that the aforesaid injury was grievous in nature. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nauhatta P.S. Case No. 37 of 2014 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Saharsa.

(Hemant Kumar Srivastava, J) A.K.V./- U T