Patna High CourtCR. MISC./21364/2017bail granted

Bhola Yadav @ Rahesh Kumar @ Rahish Kumar v. The State Of Bihar

2017-05-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21364 of 2017 Arising Out of PS.Case No. -358 Year- 2016 Thana -FATUHA District- PATNA ====================================================== Bhola Yadav @ Rahesh Kumar @ Rahish Kumar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sabal Kumar Jha, Advocate For the Opposite Party : Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Fatuha P.S. Case No. 358 of 2016 for the offences instituted under Sections 341, 323, 325 and 307/34 of the IPC. The prosecution story, in brief, is that on 20.09.2016 while the informant was sitting at his house then this petitioner came and called him to Rasalpur Bandh where a tree of blackberry was there at that place 4-5 persons sitted there. The eye of the informant was tied with Gamacha and all the persons assaulted him with Lathi. One person assaulted with iron rod on his head causing head injury and blood was oozing. The informant could not identify any person.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.21364 of 2017 (2) dt.23-05-2017 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Fatuha P.S. Case No. 358/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T