Manish Rai @ Manish @ Baja Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38183 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -SAHPUR District- BHOJPUR ====================================================== Manish Rai @ Manish @ Baja Rai son of Ram Nath Rai, Resident village Damodarpur P.S. Shahpur (Bahoranpur), District Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Hirday Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-09-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. The accusation is of assaulting the informant with the blunt portion of spade.
It is submitted by learned counsel for the petitioner that the injury has been found to be simple when there is no accusation of repeating the blow. Moreover, there was dispute relating to some money transaction between the parties from before when the informant received accidental injury but with malicious accusation the FIR has been lodged.
Patna High Court Cr.Misc. No.38183 of 2015 (2) dt.18-09-2015 2/2 A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the nature of injury being caused, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bhojpur at Ara in connection with Shahpur (Bahoranpur) P.S. Case No. 30 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T