Jagdish Singh @ Jagdish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.912 of 2018 Arising Out of PS.Case No. -21 Year- 2017 Thana -MARHAURA District- SARAN ======================================================

1. Jagdish Singh @ Jagdish Kumar Singh, Son of Late Kaushal Singh, Resident of Village- Rampur Khoram, Police Station- Marhowrah (Nagra OP), District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Marhowrah P.S.Case No. 21 of 2017 registered under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the ingredients of the offence punishable under Section 307 of the Indian Penal Code are completely wanting in the present case. He submitted that the other non-bailable offence punishable under Section 379 of the Indian Penal Code has been added just in order to make the offence grave. He submitted that the injuries found on the person of the informant were simple and superficial in nature.

Patna High Court Cr.Misc. No.912 of 2018 (2) dt.15-01-2018 2/2 Learned counsel for the State opposed the application for grant of pre-arrest bail. He submitted that simply because the injuries were found simple, it cannot be said that the ingredients of the offence punishable under Section 307 of the Indian Penal Code are wanting.

Be that as it may, considering the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S.Case No. 21 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T