Patna High CourtCR. MISC./37413/2014bail granted

Manohar Rai v. The State Of Bihar

2015-03-25Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37413 of 2014 Arising Out of PS.Case No. -44 Year- 2014 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================

1. Manohar Rai Son of Late Rameshwar Rai R/o Village Harinahi, P.S. Kusheshwar Sthan, District Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-03-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 341, 323, 325, 326, 354, 379, 448, 504 and 506/34 of the I.P.C. Allegedly, the petitioner gave spade blow with butt portion upon the chest of the informant.

Submission is of false implication and that the injured was examined by the doctor and the doctor found two bruises injuries on his person caused by the hard and blunt substance. There is land dispute between the parties and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P.

Patna High Court Cr.Misc. No.37413 of 2014 (2) dt.25-03-2015 2/2 opposes by submitting that from perusal of the impugned order it reveals that the doctor has found one injury grievous in nature. In the facts and circumstances as stated above, considering that butt portion of the spade was used by the petitioner and as such the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. S.D.J.M. Benipur, Darbhanga in Kusheshwar Asthan P.S. Case No. 44 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T