Bikram Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27947 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- BALIA BELON District- Katihar ====================================================== Bikram Kumar Rai Son of Late Doman Rai Resident of Village - Ahmadpur, P.S.- Baliya, Belon, Distt - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Baliya Belon P.S. Case No. 09 of 2019, registered under Sections 341, 323, 324, 307, 379, 147, 148, 149, 504 and 506 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner assaulted the informant five times with knife, causing him injury on head and another places.

Learned counsel for the petitioner submits that the petitioner and informant are co-villagers and there was dispute pertaining to village politics between them since long. He further submits that the informant had received simple injury as it would be evident from Annexure A-2 and from perusal of the

Patna High Court CR. MISC. No.27947 of 2019(3) dt.07-08-2019 2/2 injury report, only two injuries have been found and the same are simple in nature, whereas allegation is of assault by knife of five times.

After having heard learned counsel for the parties and taking into consideration the fact that both the parties belong to same village and injuries are simple in nature, I am inclined to grant anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Baliya Belon P.S. Case No. 09 of 2019; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T