Pramod Rai @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52730 of 2019 Arising Out of PS. Case No.-296 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== PRAMOD RAI @ PRAMOD KUMAR Son of Late Tejnarayan Rai Resident of Village-Kadmawa Yadav Tola, P.S.-Ghorasahan, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-08-2019 Heard both sides.

The petitioner apprehends his arrest in Ghorasahan P.S. Case No.296 of 2018 registered under Sections 307, 325, 379 and other minor Sections of the Indian Penal Code. The informant named the petitioner along with seven other accused persons and alleged that they all having armed with different weapons came to the house of the informant. Lalbabu Rai assaulted the informant with fist, slab and stick. When Ajay Kumar, son of the informant came to save, Pramod Rai assaulted him with farsa on his head. Sita Devi, wife of the informant came to save the informant and his son but Ratnesh Rai and Dinesh Rai assaulted her. The accused persons also assaulted the younger son of the informant.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.52730 of 2019(2) dt.23-08-2019 2/2 there is a case and counter case. The occurrence took place between two sides on account of land dispute. Only allegation against the petitioner is that the petitioner assaulted Ajay Kumar, son of the informant but Ajay Kumar got one injury on head which is simple in nature. There is no repetition of blow.

Taking into consideration the facts aforesaid and the fact that there is case and counter case and on account of land dispute both sides lodged the case with their own version of assault and on account of assault made by the petitioner, one simple injury was found on the head of Ajay Kumar(son of the informant), let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No.

296 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.