Amit Rai @ Amit Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64834 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== Amit Rai @ Amit Kumar Rai, Son of Anil Rai, Resident of Village - Pipra, P.S.- Chautham, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Shanker Prasad, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 This is an application for grant of anticipatory bail in connection with Chautham P. S. Case No. 187 of 2019, disclosing offences under Sections 341, 337, 338, 307, 506, 34 of the Indian Penal Code.

As per F.I.R. petitioner is said to have assaulted by bricks to the informant, causing injuries to him. Submission of the learned counsel for the petitioner is that there is case and counter case between the parties. In the counter case father of the petitioner has received injury, whereas the injury of the informant was discussed in the impugned order that shows that informant has not appeared for X-ray. The learned court below has stated that there is severe fight between the parties, but in spite of that, anticipatory bail has not been granted to the petitioner.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court CR. MISC. No.64834 of 2019(2) dt.17-10-2019 2/2 opposite party no.2, who has appeared suo motu and opposed the prayer for anticipatory bail on the ground that earlier also the father of the petitioner was convicted in a case filed by the informant and for that, the present occurrence took place. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Sri S.M. Tripathi, learned Judicial Magistrate, 1st Class, Khagaria, in connection with Chautham P. S. Case No. 187 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T