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Patna High CourtCR. MISC./51749/2022bail granted

Shambhu Ravidas v. The State Of Bihar

2023-01-12Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51749 of 2022 Arising Out of PS. Case No.-201 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== SHAMBHU RAVIDAS S/O LATE JAIRAM RAVIDAS RESIDENT OF VILLAGE- PIRATANR, P.S.- GIDHAUR, DISTRICT- JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Mahto, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Laxmipur Gidhaur P.S. Case No. 201 of 2022 instituted under Sections 147, 341, 379 and 308 of the Indian Penal Code.

As per the FIR, the allegation amongst others against the present petitioner is of giving sword blow on the neck of the informant and as he tried to save himself, it hit his head and caused injury.

Learned counsel for the petitioner submits that although there is allegation of assault by the sword, as per the observation made by the learned Sessions Judge, the same has been found to be simple in nature. It is his last

Patna High Court CR. MISC. No.51749 of 2022(2) dt.12-01-2023 2/3 submission that irrespective of the present petition, he would like to contribute towards medical assistance of the informant by giving Rs. 15,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned court to be handed over to the informant after checking the credentials.

Learned APP on the other hand opposes the prayer stating that he has used sword to hit the informant. Taking into account the fact that the injury has been found to be simple in nature and ultimately the petitioner will face the trial and would be cooperating in the investigation, this Court is inclined to grant him relief subject to payment of Rs. 15,000/-, as stated above. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Laxmipur Gidhaur P.S. Case No. 201 of 2022 to the satisfaction of learned JM 1st Class, Jamui, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.51749 of 2022(2) dt.12-01-2023 3/3 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/ Ajay Singh/- U T