Patna High CourtCR. MISC./33466/2016bail granted

Santosh Ray @ Santosh Kumar Rai And ANR v. The State Of Bihar

2016-08-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33466 of 2016 Arising Out of PS.Case No. -159 Year- 2016 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Santosh Ray @ Santosh Kumar Rai son of Sri Subdayal Rai

2. Ashok Yadav son of Sri Krishna Mohan Rai Both resident of VillageDhudhua, Police Station-Ara Muffasil, in the District of Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 341, 323, 307, 504, 506 and 34 of the I.P.C.

On behalf of the petitioners it is submitted that due to panchayat election the petitioners have been implicated falsely but there is case and counter case, the injury sustained by the son of the informant, namely, Pramod Kumar has been found simple in nature caused by the hard and blunt substance, no offence under section 307 of the I.P.C. is made out as there was no intention to commit murder.

Patna High Court Cr.Misc. No.33466 of 2016 (2) dt.20-08-2016 2/2 The learned A.P.P. submits that against the petitioners there is specific allegation for assaulting the son of the informant with lathi.

In the facts and circumstances as stated above, considering that there is case and counter case, finally the injury found on the person of son of the informant has been noticed as simple in nature and as such the petitioners in case of their arrest or surrender within one month from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Ara, Bhojpur in Ara Muffasil P.S. Case No. 159 of 2016, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T