Patna High CourtCR. MISC./42568/2014bail granted

Mithilesh Rai v. The State Of Bihar

2015-05-06Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.42568 of 2014 (05) dt.06-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42568 of 2014 Arising Out of PS.Case No. -80 Year- 2014 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Mithilesh Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh-Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant, Jitendra Kumar while was in a way, met with Shivji Rai, Shiv Balak Rai, Ramji Rai, Mukesh Rai, Sanjiv Sharma, who began to abuse and on protest, they assaulted with Lathi, Danda and Rod, threw him on ground and then, Shivji Rai gave brick blow on account of which, there happens to be fracture of rib. Blood oozen from his mouth. During midst thereof, it has been alleged that Mithilesh Rai (petitioner) came over tractor and on an order of Shivji Rai, dashed against him on account of which, his hands sustained fracture. Mohan Rai came in his rescue, who was also assaulted with Lathi, Danda. Mukesh Rai gave knife blow over head. Mithilesh Rai (petitioner) also snatched away one golden chain, at that moment Sanjiv Sharma, owner of tractor was

Patna High Court Cr.Misc. No.42568 of 2014 (05) dt.06-05-2015 also present.

From Paragraph-36 of the case diary as well as from the injury report having attached with the carbon copy of case diary suggest absence of external injury over the person of informant, Jitendra Kumar.

Accordingly, petitioner, Mithilesh Rai is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Afjal Alam, Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Sarai P. S. Case no.80 of 2014, in event of his arrest/ surrender within four weeks subject to condition as enumerated under Section 438(2) of the Cr.P.C. (Aditya Kumar Trivedi, J) Vikash/- U T