Patna High CourtCR. MISC./34973/2015disposed

Umesh Singh v. The State Of Bihar

2015-09-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34973 of 2015 Arising Out of PS.Case No. -247 Year- 2014 Thana -MANER District- PATNA ====================================================== Umesh Singh, son of Late Chandeshwar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh, Advocate For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147/149/323/341/379/307/504 of the Indian Penal Code. It is alleged that when the informant went to remind the petitioner for return of loan amount of Rs.6000/- then he was assaulted by all the FIR named accused persons whereas the petitioner assaulted him on his head and snatched gold chain. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and injury has been found to be simple in nature. At earlier point of time, the sister of the petitioner lodged Maner P.S. Case No.246 of 2014 against the informant's side, levelling accusation under sections 341, 323, 379, 307/504 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court Cr.Misc. No.34973 of 2015 (2) dt.03-09-2015 2/2 Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for three months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Maner P.S. Case No.247 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below, if injury of the informant is not found to be grievous, but if it is found that the informant has received grievous injury then the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Ashwini/- U T