Gopal Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53568 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -BANSHI District- JEHANABAD ======================================================

1. Gopal Krishna, Son of Vidya Sagar Rai, Resident of Village- Anuan, P.S.- Banshi, District- Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 504 & 506 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant went to his grain yard, he saw the petitioner digging with spade near hand pipe and when the same was objected, the petitioner gave spade blow on his head, as a result of which, bleeding injury occurred.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.53568 of 2018 (3) dt.10-10-2018 petitioner has been falsely implicated in the present case. As per injury report, the injury No. 1 is said to be simple while the injury No. 2 on the teeth of the victim is said to be grievous type. Both parties are agnates. The alleged occurrence is said to have taken place due to petty reason.

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

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Arwal in connection with Banshi P.S. Case No. 19 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T