Mahendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1484 of 2018 Arising Out of PS.Case No. -213 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================
1. Mahendra Rai Son of Late Kamal Rai, Resident of Village-Chehra Kala, P.S. Goraul (O.P. Katahara), District Vaishali. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Pravin Kumar For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-05-2018 Heard learned counsel for the appellant and learned APP for the State.
The instant memo of appeal is directed against the order dated 05-04-2018 passed by learned Additional Sessions JudgeIst-cum-Special Judge, Vaishali at Hajipur in Goraul (Katahra O.P) P.S. Case No. 213 of 2016 registered under sections 307, 379, 325, & other minor Sections of the Indian Penal Code and Section - 3 (X) of SC/ST (Prevention of Atrocities) Act by which prayer of the appellant was refused.
Allegation against the appellant is that he assaulted with a sharp cutting weapon causing injury on the head of Mahesh Paswan, husband of the informant. The Doctor has found injury caused by hard and blunt substance. There is no allegation of
Patna High Court CR. APP (SJ) No.1484 of 2018 (3) dt.28-05-2018 repetition of blow. A Civil Suit is going on between the parties . The appellant has got no criminal antecedent. Considering the aforesaid facts, this Court is of the view that the appellant deserves regular bail.
Accordingly, the appellant named above is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cumSpecial Judge, Vaishali at Hajipur in Goraul (Katahra O.P) P.S. Case No. 213 of 2016.
The impugned order accordingly is set aside and the appeal stands allowed.
(Birendra Kumar, J) A.K.V./- U T