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Patna High CourtCR. MISC./52991/2017bail granted

Balmiki Marandi @ Balmik Marandi @ Balmik v. The State Of Bihar

2017-12-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52991 of 2017 Arising Out of PS.Case No. -221 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Balmiki Marandi @ Balmik Marandi @ Balmik, Son of Late Ramayi Marandi, Resident of Village- Firouta, P.S.- Amarpur, District- Banka. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Amarpur P. S. Case No. 221 of 2015 registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the injuries sustained by the informant are all simple and superficial in nature and the same would not give rise to an offence punishable under Section 307 of the Indian Penal Code. He submitted that other sections under which FIR has been instituted are all bailable in nature. Learned Additional Public Prosecutor for the State

Patna High Court Cr.Misc. No.52991 of 2017 (3) dt.19-12-2017 2/2 opposed the prayer for grant of pre-arrest bail to the petitioner. However, after examining the case-diary, he admitted that the injuries sustained by the informant are all simple in nature. Considering the submissions made on behalf of the parties, the petitioner named above is directed to 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 learned Chief Judicial Magistrate, Banka in Amarpur P. S. Case No. 221 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T