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Patna High CourtCR. MISC./33274/2018bail granted

Shambhu Rai @ Karu Rai v. The State Of Bihar

2018-07-03Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33274 of 2018 Arising Out of PS.Case No. -352 Year- 2017 Thana - HAJIPUR SADAR District- VAISHALI (HAJIPUR) ===================================== Shambhu Rai @ Karu Rai, son of Chandeshwar Rai, resident of Village- Chandralaya, Police Station- Hazipur Sadar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan Sinha For the Opposite Party/s : Mr. Mithilesh Kumar Khare ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-07-2018 The petitioner seeks bail in anticipation of his arrest in connection with Hajipur Sadar P.S. Case No. 352 of 2017, dated 19.07.2017, instituted for the offences punishable under Sections 341, 447, 323, 307, 504 and 506/34 of the Indian Penal Code.

The petitioner is alleged to have fired from his weapon which injured the informant superficially. It has been alleged that the bullet touched his body, leading to almost no injury. The petitioner as well as the informant are agnates/co-villagers and with the intervention of elder

Patna High Court Cr.Misc. No.33274 of 2018 (2) dt.03-07-2018 2/2 persons of the village, an agreement has been arrived at between the parties for not prosecuting the petitioner any further. It has also been submitted on behalf of the petitioner that because of a civil dispute existing between the petitioner and the informant, a minor scuffle took place, leading to the aforesaid occurrence.

However, taking into account the fact that the informant has not received any injury and he does not wish to prosecute the petitioner any further in this case, this Court is inclined to enlarge him on anticipatory bail. Let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 352 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T