Govind Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30551 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- HATHUA District- Gopalganj ====================================================== GOVIND GIRI SON OF MOHAN GIRI R/O VILLAGE- YADO PIPRA, P.O. AND P.S.- HATHUA, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikas Ratan Bharti, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 324, 354, 307, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

4. The informant alleges that he protested cutting of bamboo by accused persons when petitioner assaulted him by Dab causing injury on head and hand.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the occurrence took place on account of dispute relating to cutting of bamboo, further even

Patna High Court CR. MISC. No.30551 of 2023(2) dt.27-07-2023 2/2 presuming what has been alleged is true without admitting, then the blow was not repeated and the injury suffered by the injured is simple in nature. It is further submitted that though the injury report is not on record, but the petitioner during pendency of the anticipatory bail application has got a photostat copy of the injury report. The injury report is taken on record.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hathua P.S. Case No. 07 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T