Kamlesh Tiwary v. The State Of Bihar

Patna High Court Cr.Misc. No.29414 of 2017 (2) dt.01-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29414 of 2017 Arising Out of P.S.Case No. -72 Year- 2017 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Kamlesh Tiwary, Son of Kanhaiya Tiwary, Resident of Village- Bandipur, P.S.- Ramgarh, District- Kaimur at Bhabua.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajani Kant Pandey, Advocate For the Opposite Party : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-07-2017 Heard.

The informant has alleged that on 04.04.2017 this petitioner was fixing a nail on his wall and when he forbade him from doing so, he assaulted him by brick-bats. The learned counsel for the petitioner submits that the petitioner and the informant are agnates. The allegation of assault is omnibus. The informant sustained one superfluous injury caused by brick-bat and except this there is no other injury. The other two accused persons have been allowed anticipatory bail by the Sessions Judge, Kaimur at Bhabua.

The learned APP opposed the submissions.

Considering the simple nature of injury facts and circumstances of the case, the anticipatory bail prayer is allowed.

Patna High Court Cr.Misc. No.29414 of 2017 (2) dt.01-07-2017 Let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Ramgarh P.S.Case No.72 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Kaimur at Bhabua, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sanjay Kumar, J) B.Kr./- U T