Navin Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47420 of 2017 Arising Out of PS.Case No. -339 Year- 2017 Thana -SITAMARHI District- SITAMARHI ====================================================== Navin Mishra, Son of Nagendra Mishra, Resident of Village- Bhup Bhairo, P.S. and District- Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-12-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 339 of 2017 for the offences punishable under sections 341, 323, 307, 325, 504 and 506/34 of the I.P.C.

Allegedly, the petitioner assaulted with iron rod to the informant on his head causing head injury and when the wife came to save she was also assaulted by the accused persons. The reason behind the occurrence is land dispute.

Submission is of false implication and that the informant has received three injuries and injury number third, which is on the right elbow, has been found grievous in nature and

Patna High Court Cr.Misc. No.47420 of 2017 (3) dt.12-12-2017 2/2 rest injuries are simple in nature and as such no offence under section 307 of the I.P.C. is made out and there is no allegation that the petitioner is repeating the blow and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances stated above, considering the injury report and further that there is no allegation for repeating the blow and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Sitamarhi in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T