Arjun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6861 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -BHAIRABASHTHAN District- MADHUBANI ====================================================== Arjun Rai, S/o Sundar Rai, resident of Village- Lohana Pathshala, P.S. Bhairav Asthan, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code. The petitioner, who is full brother of the informant, allegedly caused injury with Kulhari at the head of the informant. The doctor has found lacerated wound at occipital region which is simple in nature.

Submission of the petitioner is that the charge-sheet has not been submitted under Section 307 of the Indian Penal Code. False implication is there due to property dispute and no other eye witness has supported the prosecution case.

Patna High Court Cr.Misc. No.6861 of 2017 (4) dt.26-04-2017 Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Jhanjharpur, Madhubani/Successor Court in connection with Bhairabasthan P.S. Case No.93 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case.

(Birendra Kumar, J) Arvind/- U T