Raj Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44073 of 2016 Arising Out of PS.Case No. -149 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================
1. Raj Kumar Rai Son of Ram Lochhan Rai Resident of Village-Phulpura, P.S.-Bidupur, District-Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Santosh Kumar For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 149 of 2016 for the offences punishable under sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the I.P.C and section 27 of the Arms Act.
The allegation against the petitioner is that he assaulted the informant Nitish Kumar on his head with knife causing bleeding injury and again repeated the blow but the same did not hit, thereafter co-accused Surendra Bhaskar assaulted with pistol butt.
Submission is of false implication and that there is
Patna High Court Cr.Misc. No.44073 of 2016 (3) dt.10-01-2017 2/2 case and counter case, for casting vote in panchayat election, there was some dispute between the parties, the informant has received simple injury which is lacerated wound, no sharp cut injury has been found on the head and as such the petitioner deserves sympathetic consideration.
The learned A.P.P. after going through Annexure-3 which is copy of the injury report, fairly submits that lacerated would on the scalp measuring 1"x 1⁄2" x 1⁄2" was found which is simple in nature.
In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. C.J.M. Vaishali in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T