Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51584 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- FESHAR District- Aurangabad ====================================================== Subodh Kumar S/o Ramanuj Sharma R/o Village - Karsawan, P.S. - Feshar, District - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

Accusation is that the accused persons including the petitioner assaulted the informant by means of farsa, due to which his head was cut and fell down.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The alleged occurrence is said to have taken place due to land dispute. The injury report is Annexure-3 to the present application. In the opinion of the doctor, the nature of

Patna High Court Cr.Misc. No.51584 of 2018(2) dt.28-09-2018 2/2 injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Vth, Aurangabad in connection with Feshar P.S. case No.37 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T