Patna High CourtCR. MISC./56104/2015bail granted

Arun Rai @ Piyara v. The State Of Bihar

2016-02-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56104 of 2015 Arising Out of PS.Case No. -161 Year- 2015 Thana -PARSA District- SARAN ====================================================== Arun Rai @ Piyara S/o Kamal Rai R/o Village - Mirjapur, P.S. Parsa, District - Chapra (Saran).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jay Kumar, Advocate For the Opposite Party/s : Mr. P.K.Chaurasia (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Parsa P.S. Case No. 161 of 2015 registered for the offences punishable under Sections 341, 324, 307 and 279 of the Indian Penal Code. Allegedly, the petitioner dashed the tempo of the informant and on protest, assaulted him with knife repeatedly, causing injury on ribcage and left side of buttock. Submission is of false implication and that no injury report has been received and without any injury report of the informant, chargesheet has been submitted, no injury on vital part has been caused and, as such, offence under Section 307 IPC is not made out. There was no intervening circumstance and the

Patna High Court Cr.Misc. No.56104 of 2015 (4) dt.23-02-2016 2/2 petitioner is suffering in custody since 30.09.2015 being a poor truck driver.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner had given repeated blow. In the facts and circumstances stated above, the petitioner, shall be released on bail after remaining six months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Chapra (Saran) in connection with Parsa P.S. Case No. 161 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T