Amrit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27207 of 2016 Arising Out of PS.Case No. -149 Year- 2012 Thana -KATIHAR District- KATIHAR ====================================================== Amrit, S/o Arun Mandal, Resident of Mohalla-Near Nahar of Hanuman Mandir, P.S.- Katihar, District-Katihar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Katihar (Town) P.S. Case No.149 of 2012 for the offences instituted under Sections 147, 148, 149, 323, 307 and 504 of the Indian Penal Code.

The prosecution case, in brief, is that on 01.03.2012 at 10:00 P.M. while the informant Sanjay Kumar Sinha along with his friend Niraj Kumar was taking breakfast in a restaurant at Durgasthan Chwok all the accused persons including the petitioner came there and started abusing them. On protest, all the accused persons started assaulting them with lathi, danda and iron rods and at the same moments co-accused Mukhiya with intend to kill gave iron rod blow on the head of his friend Niraj Kumar, who

Patna High Court Cr.Misc. No.27207 of 2016 (2) dt.11-07-2016 2/2 sustained head injury and fell down. The informant with the help of local people took his injured friend Niraj Kumar to Sadar Hospital Katihar, where from he was referred to KMCH, Katihar. It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. No specific overt act has been alleged against the petitioner. From perusal of the injury report, it appears that the nature of injury is simple. The injury report of the other namely Niraj do no indicate whether the nature of injury is simple or grievous. The allegation of assault is made against co-accused namely Mukhiya.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Katihar (Town) P.S. Case No.149 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T