Satranjan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36453 of 2019 Arising Out of PS. Case No.-539 Year-2018 Thana- MADHAURAH District- Saran ====================================================== Satranjan Prasad, son of Manager Prasad, Resident of Village- Anwari, P.S.- Marhowrah, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Marhowrah P.S. Case No.539 of 2018 for the offence punishable under Sections 341, 323, 324, 325, 307, 504, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner as mentioned in the FIR is that he assaulted the informant with Daab causing head injury to the informant.

Learned counsel for the petitioner submits that from perusal of Annexure-3 which is the injury report, it would appear that there is simple Abrasion on right elbow and lacerated wound on temporal region of the informant and Doctor has opined the injury as simple in nature causing by hard blunt

Patna High Court CR. MISC. No.36453 of 2019(2) dt.12-06-2019 2/3 object. Accordingly, learned counsel submits that allegation against the petitioner is of assaulting the informant by Daab and there is no sign of injury with the sharp weapon. He further submits that there is case and counter case between the parties and both the parties are co-villagers and there is a dispute of land between them also.

After hearing learned counsel for the parties and perusal of the FIR as well as injury report, it appears that the allegation against the petitioner does not co-relate with the injury caused to the informant. Accordingly, I am inclined to grant anticipatory bail to the petitioner. The petitioner is directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioner, the petitioner shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S. Case No.539 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure as well as further condition that the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on

Patna High Court CR. MISC. No.36453 of 2019(2) dt.12-06-2019 3/3 two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Anil Kumar Sinha, J) sanjeev/- U T