Dr. Manish Shanker Thakur @ Dr. Manish Kumar @ Mani Shanker Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27202 of 2014 Arising Out of PS.Case No. -295 Year- 2013 Thana -BEUR District- PATNA ====================================================== Dr. Manish Shanker Thakur @ Dr. Manish Kumar @ Mani Shanker Thakur, S/o Surya Narain Thakur, Resident of Mohallah Mahavir Colony, Sai Chack, P.S. Beur, District Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surinder Kumar, Adv. For the Opposite Party/s : Mr. Shakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Beur P.S. Case No. 295 of 2013 registered for the offences punishable under Sections 447, 341, 323, 324, 307 and 504/34 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, the petitioner caused injury on the head of the informant with Khanti.

Submission is that as a matter of fact, the petitioner fell down from moving bike and in discharge summary issued by Advanced Neuro Diagnostic Centre, the same is mentioned and this document was filed by the informant himself in the court below. There is no allegation for repeating the blow and as such, no offence under Section 307 of the Indian Penal code is made

Patna High Court Cr.Misc. No.27202 of 2014 (7) dt.27-01-2015 out. There was no intervening circumstance. The learned A.P.P. duly assisted by the learned counsel for the informant oppose the prayer of pre-arrest bail by submitting that the Doctor of the Advanced Neuro Diagnostic Centre has helped the petitioner, who is also a Doctor and wrongly mentioned fall from moving bike though it is a specific case from very beginning that the petitioner has assaulted with Kkanti.

Be that as it may, considering that there is no allegation of repeating the blow, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Patna in connection with Beur P.S. Case No. 295 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C.

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