Hakru Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62879 of 2017 Arising Out of PS. Case No.-54 Year-2014 Thana- BAHERA District- Darbhanga ====================================================== HAKRU CHOUPAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagdish Prasad Singh For the Opposite Party/s :

Mr. ASHOK KUMAR SINGH 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bahera P.S. Case No. 54 of 2014 registered for the offence punishable under Sections 147, 149, 341, 323, 324, 307, 380 and 504 of the Indian Penal Code.

The case of the prosecution is that the accused persons had assaulted the prosecution side resulting in various types of injuries on the person of the injured person. The learned counsel for the petitioner submits that the present case arises out of case and counter case and both the cases have been compromised and settled between the parties. It is further submitted that the observation of the learned trial court in the impugned judgment is based on the fact that the informant

Patna High Court Cr.Misc. No.62879 of 2017(2) dt.06-02-2018 2/2 had suffered paralytic attack subsequent to the present occurrence resulting in the informant being not able to walk or stand properly. However, the injury report would show that the injuries are simple in nature and even the C.T. scan and the N.C.C.T. brain scan shows normal study. The petitioner is said to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, DistrictDarbhanga in connection with Bahera P.S. Case No. 54 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T