Patna High CourtCR. MISC./53715/2017bail granted

Sanjay Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53715 of 2017 Arising Out of PS.Case No. -148 Year- 2017 Thana -BELHAR District- BANKA ======================================================

1. Sanjay Singh Son of Ajablal Singh, Resident of Village-Rattochak, P.S. Belhar District-banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Belhar P.S.Case No. 148 of 2017 registered under Sections 341, 323, 324, 308, 504, 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that in the FIR there is allegation that the petitioner along with his wife assaulted the father of the informant with butt of pistol and Shambal (a hard blunt substance), but during investigation, the witnesses have stated that the petitioner threw brick causing injury to the father of the informant. He submitted that the injury sustained by the father of the informant is simple in nature.

Patna High Court Cr.Misc. No.53715 of 2017 (3) dt.19-12-2017 2/2 On the other hand, learned counsel appearing for the State submitted that though there is some contradiction with respect to the weapon used but the injury sustained by the informant was found grievous in nature.

Be that as it may, regard being had to the fact that the petitioner is the cousin of the informant and the dispute between the parties was of trivial in nature, in the event of arrest or surrender before the court below within four weeks from today, the petitioner 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 the learned AA.C.J.M.- III, Banka in connection with Belhar P.S.Case No. 148 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T