Patna High CourtCR. MISC./36621/2017disposed

Kamlesh Paswan v. The State Of Bihar

2017-08-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36621 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Kamlesh Paswan Son of Sitaram Paswan, R/o Village- Sahbajpur, P.S.- Asthawan, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-08-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Asthawan P.S.Case No.76 of 2016, for the offences punishable under Sections 341, 323, 324, 307, 379/34, 504 & 448 of the Indian Penal Code.

This application is for grant of regular bail in connection with.

Allegation against the petitioner is of assault to the informant on the head by 'rod' and there is allegation against the other accused persons also.

Submission of the learned counsel for the petitioner is that that the occurrence took place on petty issue and the injuries found on the person of the injured is simple in nature. It has also

Patna High Court Cr.Misc. No.36621 of 2017 (2) dt.11-08-2017 2/2 been submitted that the petitioner was given benefit of Section 41 of Cr.P.C. during the course of investigation. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case as the petitioner was on police bail earlier and the injuries are simple in nature, let the petitioner surrender before the learned court below and make prayer for regular bail, who will consider all aspects of the matter and pass appropriate order without being prejudiced by this order of this court, if possible on the same day.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- (U T)