Patna High CourtCR. MISC./28435/2017bail granted

Sunil Rai v. The State Of Bihar

2017-07-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28435 of 2017 Arising Out of PS.Case No. -220 Year- 2016 Thana -PUPRI District- SITAMARHI ======================================================

1. Sunil Rai, son of Late Chhotan Rai, Resident of Village- Choraut Pachhiyari Tola Ward No.1, Choraut O.P., P.S.- Pupari, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Garg, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant with butt of Nalkatua on his shoulder and leg. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to have assaulted the informant with the butt of the pistol on the informant's shoulder. This fact itself indicates

Patna High Court Cr.Misc. No.28435 of 2017 (2) dt.01-07-2017 2/2 that no offence under Section 307 I.P.C. is made out. Other coaccused have been granted bail by the court below. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sitamarhi in connection with Pupari P.S. case No.220 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T