Anarjit Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1892 of 2019 Arising Out of PS. Case No.-76 Year-2018 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

ANARJIT RAI, son of Krishna Rai Resident of village- Raghopur East, P.S.- Jurawanpur, District- Vaishali.

2.

Krishna Rai, son of Late Palakh Rai Resident of village- Raghopur East, P.S.- Jurawanpur, District- Vaishali.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 In this case earlier case diary and injury report as well as opinion on injury was called for but the same was not received and vide order dated 02.05.2019, I.O. of this case was directed to remain physically present in the court on 16.05.2019 along with the explanation but it appears that he did not appear and, thereafter, on the request of learned counsel for the State, the matter was adjourned to today i.e. 17.05.2019 and the Investigating Officer of the case has appeared and tendered his apology through an affidavit for the inconvenience caused to the Court. The apology tendered by the Investigating Officer is accepted and his presence in the court is dispensed with. This application, for grant of anticipatory bail, arises out of Jurawanpur P.S. Case No. 76/18, disclosing offences under Sections 341, 323, 325, 307 and 504/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.1892 of 2019(9) dt.17-05-2019 2/2 Allegation against the petitioners is of assault to the informant by means of iron rod and farsa causing injuries to him. Submission of learned counsel for the petitioners is that there is delay of nine days in lodging the present F.I.R. and although, there is allegation against the petitioners of assault to the informant, however, the injuries caused to him was found to be simple in nature.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -VIII, Vaishali, in connection with Jurawanpur P.S. Case No. 76/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T