Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13812 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -HISUA District- NAWADA ====================================================== Ashish Kumar Son of Shiv Charan Yadav Resident of Village- Khanpur, PS Hisua, District Nawada.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Bohra For the Opposite Party/s : Mr. Anil Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-307, 379, 354(b) & other minor sections of the Indian Penal Code.

Petitioner and two others are said to have assaulted the informant by means of Lathi, causing head injury to him and after that, when he fell down on the ground, he was assaulted by the other accused. The other family members of the informant were assaulted by co-accused persons. There is case and counter case between the parties.

The impugned order of learned Sessions Judge shows that only one injury i.e. lacerated wound 2"x1/2" to skin deep was

Patna High Court Cr.Misc. No.13812 of 2016 (2) dt.04-04-2016 2/2 found on the left parital region of the scalp of the informant and the doctor found the aforesaid injury simple in nature. Another injured, Almati Devi sustained four injuries but her injuries were also found simple in nature.

It is surprising enough that even then, learned Sessions Judge rejected the prayer for bail of the petitioner. Moreover, taking note of the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Hisua P.S. Case No. 26 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Nawada. (Hemant Kumar Srivastava, J) A.K.V./- U T