Shambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28066 of 2015 Arising Out of PS.Case No. -140 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Shambhu Rai S/o Dinesh Rai Resident of Village Dharhara, P.S. Runnisaidpur, District Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Ram Chandra Sahani(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-08-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner is said to have assaulted the informant and Pramila Devi by Farsa but both the aforesaid injured sustained simple injury. The father of the petitioner lodged Rannisaidpur P.S.Case No.138 of 2014 against the informant of this case and others as a counterblast to the same occurrence. This Court while disposing the anticipatory bail petition of the petitioner had directed the concerned court to consider the regular bail application of the petitioner on its own merit keeping in mind the nature of injury sustained by the informant as well as lodging of case and counter case but it is very sad to say that the learned 1st Additional Sessions Judge did not consider the aforesaid facts

Patna High Court Cr.Misc. No.28066 of 2015 (2) dt.06-08-2015 2/2 while rejecting the bail application of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S.Case No. 140 of 2014.

(Hemant Kumar Srivastava, J) Namita/- U T