Nag Narayan Giri @ Narayan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59143 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- DAUDPUR District- Saran ====================================================== Nag Narayan Giri @ Narayan Giri, S/o Late Dharamdeo Giri, Resident of Village- Jaitpur Mathiya, P.S.- Daudpur, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nalin Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.

Allegation is that the petitioner assaulted the informant by knife, due to which his neck was cut and blood started oozing out and other accused persons assaulted the informant by daab, iron rod and lathi.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under

Patna High Court Cr.Misc. No.59143 of 2018(3) dt.29-10-2018 2/2 Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.M. Tiwary, learned Judicial Magistrate, 1st class, Saran at Chapra in connection with Daudpur P.S. case No.53 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T