Hareram Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55303 of 2019 Arising Out of PS. Case No.-175 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Hareram Rai, aged about 70 years, male, Son of Late Jharo Rai @ Jhari Rai, Resident of Village- Rachiahi, Police Station- Muffasil, District- Begusarai. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar-Advocate For the Opposite Party :

Mr. Ramchandra Sahni-A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Begusarai Muffasil (Singhaul) P. S. Case No.175 of 2017 registered under Sections 147, 148/34, 323, 324, 354, 379 and 307 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that in the first information report, it has been alleged that the petitioner and others assaulted the husband and son of the informant with sharp cutting weapon and four others assaulted to informant and son of the informant by means of sharp cutting weapon, but the injuries sustained by them are opined to be caused by hard and blunt substance by the doctor,

Patna High Court CR. MISC. No.55303 of 2019(4) dt.20-11-2019 2/3 who issued the injury report. The injury reports would suggest that Vijay Kumar Rai, son of the informant had sustained only simply injuries whereas the opinion regarding the nature of injury in case of the husband of the informant has been kept reserved. It is further contended that the petitioner is aged about 70 years and is in custody since 21.02.2019. He is a co-villager of the injured. There is admitted land dispute between the parties and in a minor scuffle, both sides had sustained simple injuries.

Learned counsel for the State has opposed the prayer for grant of bail to the petitioner. However, he conceded that the injury report of the son of the informant suggests that he had sustained only simple injury and the injury report in case of the husband of the informant would suggest that he had sustained injuries by hard and blunt substance and the opinion regarding nature of injury has been kept reserved. Regard being had to the submissions advanced on behalf of the parties, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Begusarai in connection with Begusarai Muffasil (Singhaul) P.

Patna High Court CR. MISC. No.55303 of 2019(4) dt.20-11-2019 3/3 S. Case No.175 of 2017.

(Ashwani Kumar Singh, J) vikash/- U T