Patna High CourtCR. MISC./1135/2017bail granted

Vijay Kumar Pandit v. The State Of Bihar

2017-01-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1135 of 2017 Arising Out of PS.Case No. -188 Year- 2016 Thana -EKMA District- SARAN ====================================================== Vijay Kumar Pandit S/o late Nagina Pandit, R/o village Dokuli, P.S. Ekma, District Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner assaulted the informant by means of knife, due to which he sustained injuries on his elbow.

It has been submitted on behalf of the petitioner that the 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. Hence, no offence under Section 307 I.P.C. is made out. The occurrence is said to have taken place due to property

Patna High Court Cr.Misc. No.1135 of 2017 (3) dt.16-01-2017 2/2 dispute between the parties. They are agnates. On behalf of the State and learned counsel for the informant, 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 Sri Dibya Prakash, J.M. 1st class, Saran at Chapra in connection with Ekma P.S. case No.188 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