Hukum Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43758 of 2023 Arising Out of PS. Case No.-295 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== HUKUM RAI Son of Parmanand Rai @ Permanand Rai Resident of village - Chiraiyatok, Chamtha - 3 Patni Chowk, Ward No.- 10, P.S.- Bachhwara, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with the learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 325, 379, 504, 34 of the Indian Penal Code.

3. The informant alleges that the petitioner assaulted him with butt of the pistol causing injury on his head and thereafter, other accused persons also assaulted him on orders of Parmanand Rai, further, Jaikaran Rai assaulted Nawal Rai causing fracture of his left hand as well as injury on his head.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

Patna High Court CR. MISC. No.43758 of 2023(2) dt.23-08-2023 2/3

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that the petitioner is alleged to have assaulted the informant with butt of the pistol causing injury on his forehead but then the blow was not repeated and the injury is simple in nature which amply demonstrates that the petitioner never had any intention of committing any serious occurrence.

6. Learned A.P.P. for the State along with the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner but then the learned counsel for the informant does not rebut the submission of the learned counsel for the petitioner that the injury suffered by the informant on account of assault by the petitioner is simple in nature.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case

Patna High Court CR. MISC. No.43758 of 2023(2) dt.23-08-2023 3/3 is pending/successor court in connection with Bachhwara P.S. Case No. 295 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T