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Patna High CourtCR. MISC./54913/2017bail granted

Akash Kumar Gaurav v. The State Of Bihar

2018-01-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54913 of 2017 Arising Out of PS.Case No. -634 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Akash Kumar Gaurav S/o Harendra Pandey, R/o Market Flat on the Upper Floor of Gupta Sweets , P.S.- Dalmia Nagar, District- Rohtas (Sasaram). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamala Kant Tiwary For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-01-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Dehri Dalmiya Nagar P.S. Case No. 634 of 2017 for the offences punishable under sections 307, 341, 325, 504 and 506/34 of the I.P.C. Allegedly, the informant being a Teacher was assaulted by 5-6 boys with lathi and iron rod resulting his head was ruptured and further there was injury on his left wrist and arm, the petitioner is named as younger son of Harendra Pandey. Submission is of false implication and that the petitioner has got no concern, he has been implicated only on

Patna High Court Cr.Misc. No.54913 of 2017 (3) dt.15-01-2018 2/2 suspicion, the petitioner is not the student of that school, during investigation no cogent material has come against the petitioner and as such the petitioner deserves sympathetic consideration, the injury found on the head is simple.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances stated above, considering that injury no.1 which is over left parietal part of head is simple in nature and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Rohtas at Sasaram in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T