Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72696 of 2018 Arising Out of PS. Case No.-288 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== Mantu Kumar son of Ashok Sao @ Ashok Sav, resident of Village- Khanpura, P.S.- Giriyak, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 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, 307, 324 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner assaulted the informant's son by means of dagger on his head, due to which he sustained injuries. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Both the parties are agnates. Due to petty family dispute the alleged occurrence is said to have taken place. As per the allegation, weapon used in the occurrence is said to be

Patna High Court Cr.Misc. No.72696 of 2018(2) dt.05-12-2018 2/2 knife. As per the injury report, the weapon used is said to be hard and blunt substance. The injury report does not support the allegations made in the F.I.R. The nature of injury is said to be simple. Hence, no offence under 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 learned A.C.J.M. 1st, Nalanda at Biharsharif in connection with Giriyak P.S. case No.288 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