Patna High CourtCR. MISC./71193/2018bail granted

Samil v. The State Of Bihar

2019-02-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71193 of 2018 Arising Out of PS. Case No.-378 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Samil Son of Late Mushaharu, Resident of Village Gopalpur Majhua Ward NO. 6, Police Station- Forbesganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Forbesganj P.S.No.378 of 2017 registered under Sections 147, 149, 341, 323, 307, 354B, 379, 380, 504 and 506 of the I.P.C. Accusation is that in course of Aftari on account of dispute regarding the land this petitioner threw hot tea at the informant Jannatun Khatun who raised halla upon which her husband came to her. In the meantime, all the accused persons named in the F.I.R. having lathi, danda, and iron rod in their hands came and assaulted the informant and her husband causing injuries.

Learned counsel for the petitioner submits that admittedly hot talk exchanged due to the land dispute.

Patna High Court Cr.Misc. No.71193 of 2018(4) dt.04-02-2019 2/2 Moreover, the injuries as found on the persons of the informant, her husband Md. Alam and son Md. Raj are of simple in nature. The petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest of surrender before the learned court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Araria, in Forbesganj P.S. Case No.378 of 2017 subject to the condition as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) aks/- U