Banti Kumar @ Rikesh Ranjan @ Banti Yadav @ Rikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41097 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- ARWAL District- Jehanabad ====================================================== Banti Kumar @ Rikesh Ranjan @ Banti Yadav @ Rikesh Kumar S/o Jhalakdev Singh R/o Village- Dangra- Ahar, P.S. and District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Arwal P.S. Case No.55 of 2019, for the offence punishable under Sections 341, 323, 427, 307/34 of the Indian Penal Code. The allegation against the petitioner is that petitioner along with other accused persons assaulted the informant and his brother causing injury on the head of the brother of the informant. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to previous dispute inasmuch as, as per the prosecution story, there was altercation relating to payment of sum of Rs.4,500/- between the parties. Learned counsel further submits that injury caused to the brother of the informant in para 25 of the case diary has been mentioned as grievous but from perusal of the injury report, it would be evident

Patna High Court CR. MISC. No.41097 of 2019(3) dt.20-09-2019 2/2 that the injury caused to brother of the informant is of 3 c.m. x 2 c.m x 1 c.m. caused by hard and blunt substance is lacerated wound. Learned counsel further submits that the injury appears to be not serious in nature and there was no intention to commit an offence under Section 307 of IPC.

Having regard to the submissions made by the parties and taking into consideration the fact that there was previous altercation between the parties on trivial issue on payment of money, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he 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 C.J.M., Arwal, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T