Diwakar Ray @ Diwakar Kr. Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50096 of 2016 Arising Out of PS.Case No. -107 Year- 2016 Thana -KADWA District- KATIHAR ====================================================== Diwakar Ray @ Diwakar Kr. Ray S/o Pradeep Ray, R/o- Korra Bishanpur, P.S.- Balia Belon, Distt- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 342, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that when the informant was going to Central Bank to deposit Rs.1 lac, the accused persons stopped him and demanded the said money. On protest they started to assault him by means of lathi and sword. Petitioner also assaulted him on his head by sword, due to which the informant sustained injury and the accused persons snatched Rs.1 lac from his pocket.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.50096 of 2016 (2) dt.23-11-2016 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case and counter case between the parties. The nature of injury is said to be simple. The injury report does not support the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Kadwa (Balia Belon) P.S. case No.107 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T