Arjun Rai @ Mittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4565 of 2015 Arising Out of PS.Case No. -925 Year- 2014 Thana -BIHTA District- PATNA ======================================================

1. Arjun Rai @ Mittu Son of Tega Rai resident of Village - Khedalpura, P.S. - Bihta, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Manish Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard both sides.

The petitioner apprehends his arrest in Bihta P.S. Case No. 925 of 2014, registered for the offences punishable under Sections 341, 323, 325, 307 and 34 of the Indian Penal Code.

The informant Manish Kumar alleged that when he reached behind the school Arjun Rai @ Mittu assaulted him on his head with iron rod, thereafter, his younger brother Yogindar Rai, Devendra Rai, wife of Yogendra Rai and mother of Yogindar Rai and Kashi Kumar assaulted the informant with Lathi. The informant got injuries on the finger of the left hand as well in teeth.

Learned counsel for the petitioner submits that Arjun Rai @ Mittu is alleged to have assaulted the informant with iron rod on the head. The depth of injury showed that it is superficial. Other accused persons are alleged to have assaulted the informant on other parts of the body, but the injuries found on the head opined to be simple in nature, have already been

Patna High Court Cr.Misc. No.4565 of 2015 (2) dt.03-02-2015 enlarge on anticipatory bail by the learned Sessions Judge in A.B.P. No. 25104 of 2014.

Learned APP did not dispute the facts.

Having considered the facts aforesaid and the fact that on account of land dispute the petitioner is alleged to have assaulted the informant with iron rod on his hand, one simple injury is caused on left hand which is opined to be simple, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P.S. Case No. 925 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T