Vimlesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24629 of 2018 Arising Out of PS. Case No.-32 Year-2017 Thana- CHAURI District- Bhojpur ====================================================== Vimlesh Sah, Son of Dwarika Sah, resident of Village- Dulamchak, P.S.- Chauri, District- Bhojpur at Ara.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rama Kant Singh For the Opposite Party/s :

Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-04-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chauri P.S. Case No. 32 of 2017 dated 01.06.2017 instituted for the offences under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

The petitioner is alleged to have assaulted the informant by means of an iron rod on his head. He is also alleged to have kicked him in his testicles. The reason for such assault is that the informant was demanding his money from the father of the petitioner which had led to some altercation.

Learned counsel for the petitioner however has submitted that two days prior to the lodging of the present case, the petitioner had filed a case against the informant of the present case for the offences under Section 307 and other Sections of the Indian Penal

Patna High Court Cr.Misc. No.24629 of 2018(2) dt.25-04-2018 2/2 Code. The present case is only a counterblast to the case lodged by him earlier.

The petitioner does not have any criminal antecedent.

Though opinion with regard to the injury suffered by the informant has not been stated by the doctor for want of X-ray report but till the date X-ray report has not been made available.

However looking at the circumstance in which the occurrence took place, this Court is inclined to grant anticipatory bail to the petitioner.

The petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIIth, Bhojpur at Ara in connection with Chauri P.S. Case No. 32 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) Krishna/- Rahul Mishra U T