Bittu Kumar @ Bittu Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55127 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -MAIGRA District- GAYA ======================================================

1. Bittu Kumar @ Bittu Kumar Gupta, Son of Mahendra Kumar @ Mahendra Sao, Resident of Village- Narayanpur, P.S.- Dumaria (Maigra), Sherghati, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rashid Izhar, Adv. For the Informant : Mr. Arvind Kr. Singh, Adv.

For the Opposite Party/s : Mr. Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 294, 354, 307, 504 and 34 of the Indian Penal Code in connection with Maigra P.S. Case No. 21/2016. It has been submitted on behalf of the petitioner that there is allegation of assault against the petitioner. He assaulted the informant by rod and the injury is grievous in nature, but without having any x-ray report the injury has been shown grievous by the doctor which doubts the injury of the person of the informant.

Patna High Court Cr.Misc. No.55127 of 2016 (2) dt.13-01-2017 2/2 It has further been submitted that the petitioner is a government servant, as such there is no chance of absconding, if he is enlarged on anticipatory bail.

Heard learned counsel for the informant as well as learned Additional Public Prosecutor also.

Having heard both sides, in view of the facts, stated above, and the fact that no doubt there is injury report showing the injury as grievous but the opinion has been given without having any x-ray report and without having opinion of the expert and further the petitioner is a government servant, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati (Gaya), in connection with Maigra P.S. Case No. 21/2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that he will make available himself before the police and will co-operate during the investigation of the case.

(Vinod Kumar Sinha, J.) Rakhi U T