Ajay Kumar Rai @ Mantu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23060 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -BANIAPUR District- SARAN ======================================================
1. Ajay Kumar Rai @ Mantu Rai Son of Shri Triloki Rai Resident of village - Kamta Tola Rauja, Police Station Baniapur, District - Saran ( Chapra ) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 324, 307/34 of the Indian Penal Code. The prosecution case is that on protest being made for erecting wall on the land of the informant, four First Information Report named accused persons including the petitioner assaulted the brother of the informant. When the informant went to rescue, then he was also assaulted by the accused persons.
It is submitted by the learned counsel for the petitioner that except one injury on the forearm of the brother of the informant, other injuries of the informant and his brother have been found to be simple in nature. There is
Patna High Court Cr.Misc. No.23060 of 2016 (2) dt.23-05-2016 counter version of the occurrence. The petitioner's side have also received injuries. Accusation of assault is omnibus. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the genesis of the occurrence, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Saran in connection with Baniapur P.S. Case No. 30 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T