Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63059 of 2017 Arising Out of PS.Case No. -216 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Prince Kumar, son of Sanjay Sharma @ Sanjay Kumar, resident of VillageAlipur Bhadwas, P.S.- Mahua, District- Vaishali at Hajipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Mahua P.S. Case No. 216 of 2017 for the offences punishable under sections 341, 323, 324, 307, 504 and 506 of the I.P.C.

Allegedly, the petitioner assaulted with sharp edged knife to the informant on his head repeatedly and again gave knife blow on left hand repeatedly.

Submission is of false implication and that from plain reading of the FIR itself it reveals that for mobile the occurrence has taken place, the informant has purchased mobile from the petitioner and after some days he wanted to take back the price

Patna High Court Cr.Misc. No.63059 of 2017 (2) dt.01-02-2018 2/2 and to return the mobile and in that process the occurrence has taken place, injuries caused to the informant are all simple in nature and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that on the vital part also injuries have been found.

In the facts and circumstances stated above, considering that the injuries found on the person of the informant are simple in nature and as such the petitioner, in case of his arrest or surrender within a period of four weeks 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 C.J.M, Vaishali at Hajipur in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T