Patna High CourtCR. MISC./43327/2017bail granted

Hareram Rai v. The State Of Bihar

2017-09-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43327 of 2017 Arising Out of PS. Case No.-146 Year-2017 Thana- RIVILGANJ District- Saran ====================================================== Hareram Rai Son of Late Dahari Rai, R/o Village- Godna, P.S.- Revelganj, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Revelganj P.S.Case N0. 146 of 2017, disclosing offences under Sections 341,323,324,307,379/34 of the Indian Penal Code. From the First Information Report, it appears that some scuffle took place over taking water from a Government hand pump. It is alleged against the petitioner that he assaulted the informant with farsa.

Learned counsel appearing on behalf of the petitioner has submitted that it is evident from the order passed by the learned Sessions Judge, Saran, rejecting petitioner's application for anticipatory bail that the injury found on the body of the informant does not support the manner of occurrence. The

Patna High Court Cr.Misc. No.43327 of 2017(2) dt.22-09-2017 2/2 petitioner has no criminal antecedent as stated in paragraph 3 of the application.

Considering the above and the genesis of the occurrence, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVIII, Saran at Chapra in Revelganj P.S. Case No. 146 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U