Ram Pratap Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.908 of 2015 ====================================================== Ram Pratap Rai, son of Muni Lal Rai, resident of Village-Basahiya Shekh Yadav Tola, P.S.-Piprahi, District-Sheohar.

.... .... Petitioner

Versus

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

For the Petitioner :

Mr. Hans Lal Kumar, Advocate For the Opposite Party : Mr. Pramod Kr. Panday, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2015 Heard both sides.

The petitioner, Ram Pratap Rai, seeks regular bail in Piprahi P.S. Case No.65 of 2014, registered under Section 307 and other sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that the petitioner along with other persons came having armed with different weapons and petitioner assaulted the informant with farsa on his head. Other accused persons are alleged to have assaulted the informant and his family members.

Learned counsel for the petitioner submits that there is a case and counter case bearing Piprahi P.S. Case No.73 of 2014. The petitioner is alleged to have assaulted the informant with farsa. There is no repetition of blow.

From perusal of the injury report, it would appear

Patna High Court Cr.Misc. No.908 of 2015 (2) dt.09-01-2015 2/2 that one lacerated wound 3" x 1/4" x bone deep on occipital part of head was found, but the opinion of injury was not given. Other two injuries are simple in nature. Petitioner is in jail since 29.11.2014.

Considering the fact that the petitioner gave a single blow on the head, which caused lacerated wound, and the injury, on the face, appears to be simple, there is a counter version also, his prayer for bail is allowed.

The petitioner, above named, is directed to 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 learned Sub Divisional Judicial Magistrate, Sheohar in connection with Piprahi P.S. Case No.65 of 2014. (Prabhat Kumar Jha, J) Pawan/- U T