Bhanu Jaiswal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32940 of 2016 Arising Out of PS.Case No. -371 Year- 2016 Thana -KATIHAR District- KATIHAR ======================================================

1. Bhanu Jaiswal

2. Shanu Jaiswal @ Shanu Kumar Jaiswal Both S/o Dilip Jaiswal & resident of Mohalla- Laliyahi, P.S.- Sahayak, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Gajendra Prasad Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-08-2016 Learned counsel for the petitioners submits that petitioner No. 2 has been arrested, the application as against him has become infructuous and, therefore, he prays for leave of this Court to withdraw the same.

Leave is granted.

The application as against petitioner No. 2 is dismissed as infructuous.

The case shall now proceed only against petitioner No. 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 341/

Patna High Court Cr.Misc. No.32940 of 2016 (2) dt.30-08-2016 P2/2 323/ 324/354(B)/506 of the Indian Penal Code. The allegation against this petitioner is that he had attacked Debu Choudhary, husband of the informant, which had resulted in injury on his head. Injuries which are said to have been inflected by this petitioner, have been found to be simple in nature. Having heard learned counsel for the parties and on perusal of the First Information Report, it appears that there was some petty dispute and further no case under Section 307 of the Indian Penal Code is made out and also because the petitioner is having no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Katihar (S) P.S. Case No. 371/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T