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Patna High CourtCR. MISC./55747/2016bail granted

Pappu Kumar Das v. The State Of Bihar

2017-01-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55747 of 2016 Arising Out of PS.Case No. -116 Year- 2016 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Pappu Kumar Das, Son of Sri Jagdish Das, resident of Village Damodarpur, P.S. Sarai, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------- 16-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sarai P.S. Case No.116 of 2016 registered under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 12.09.2016 at about 03.00 P.M., the informant by removing the garbage of his door put the same in side. Thereafter, the petitioner alongwith his father while abusing came at the door of the informant and asked the informant as to why he has kept the garbage inside of their house, then the informant told that he will throw the same by Kudal. In spite of that, this petitioner and his father started to abuse the informant and, thereafter, this petitioner caused injury at the shoulder of the informant through Farsa.

Patna High Court Cr.Misc. No.55747 of 2016 (2) dt.16-01-2017 2/2 Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner and the informant are next door neighbour and due to some dispute, the hot exchange of words took place in between the petitioner and the informant and the alleged occurrence took place in which the petitioner's side also sustained injury. Moreover, the injury, as found on the shoulder of the informant, is simple in nature, which would appear from the impugned order dated 25.11.2016 passed in A.B.P. No.2164 of 2016 by the Sessions Judge, Vaishali, rejecting the application of the petitioner for grant of anticipatory bail. Further submission is that the petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Sarai P.S. Case No.116 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T