Abdul Mannan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.475 of 2023 Arising Out of PS. Case No.-157 Year-2021 Thana- BAHERI District- Darbhanga ====================================================== Abdul Mannan Son Of Late Anamul Haque Residence Of Mohalla - Motgah, P.S.- Baheri, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Baheri P.S. Case No.157 of 2021 registered for the offences punishable under Sections 341, 323, 324, 325, 379, 354-B, 308 and 504/34 of the Indian Penal Code.

The allegation against the petitioner is to assault

Patna High Court CR. MISC. No.475 of 2023(2) dt.04-05-2023 2/3 informant causing head injuries, which may likely to cause his death, where dispute arises out of neighbourhood disputes and differences.

Learned counsel appearing on behalf of the petitioner submitted that allegation as available against this petitioner is to assault informant on his head causing head injury, which is simple in nature. It is submitted that allegation is of single assault without any repetition in absence of intervening circumstance, sufficient to gather that act of petitioner was not likely to cause death of informant in ordinary course of nature. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and taking note of the nature of injury, which is found simple in nature, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII,

Patna High Court CR. MISC. No.475 of 2023(2) dt.04-05-2023 3/3 Darbhanga/concerned Court below where the case is pending in connection with Baheri P.S. Case No.157 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T