Nawal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33919 of 2018 Arising Out of PS.Case No. -455 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Nawal Rai, Son of Late Musafir Rai, Resident of Village Tahal Tola, P.S.- Garkha, District Saran at Chapra.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and leaned Additional Public Prosecutor of the State.

The petitioner is apprehending his arrest in connection with Garkha P.S.Case No. 455 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 302 of the Indian Penal Code.

The allegation against the petitioner and other accused persons is that they have assaulted the informant, uncle and his brother by lathi, danda and sword etc., causing injuries. It is also alleged that the petitioner is named in the F.I.R. Submission of the learned counsel for the petitioner is that the petitioner has only assaulted the informant,his uncle and brother with fist and slabs. It is also submitted that there is a case

Patna High Court Cr.Misc. No.33919 of 2018 (3) dt.29-06-2018 2/2 and counter case between the parties and the petitioner has no criminal antecedent.

Learned Additional Public Prosecutor and learned counsel for the informant oppose the prayer of bail. Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Garkha P.S.Case No. 455 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate 2nd Saran at Chapra, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before the police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T