Lorik Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1659 of 2018 Arising Out of PS.Case No. -234 Year- 2017 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Lorik Bind, S/o Narsingh Bind, R/o Village- Bilkhuri, P.S.- Durgawati, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 353 and 504 of the Indian Penal Code. The prosecution case, as per the written report of the informant, Munna Sah submitted to the Officer-inCharge of Durgawati Police Station, is to the effect that some of the villagers illegally blocked the water flow of the canal for

Patna High Court Cr.Misc. No.1659 of 2018 (2) dt.11-01-2018 2/3 fishing purposes when the Officer of Irrigation Department got knowledge about the same, they removed the blockage of water and deputed the informant at the place of occurrence when this petitioner came and inflicted Farsa blow on the informant. It is submitted by learned counsel for the petitioner that the informant is a labour, who was deputed to discharge his duty on behalf of the Irrigation Department, hence, Section 353 IPC is not attracted. The accusation of assault is by Farsa when superficial injury on the right eyebrow has been found caused by hard and blunt substance. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the accusation is specific against the petitioner.

Considering the accusation being not corroborated with medical opinion, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Kaimur at Bhabua in connection with Durgawati P.S. Case No.

Patna High Court Cr.Misc. No.1659 of 2018 (2) dt.11-01-2018 3/3 234 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T