Kameshawar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47848 of 2018 Arising Out of PS.Case No. -362 Year- 2017 Thana -KESARIA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Kameshawar Rai S/o Gorakh Rai, R/o Vill.- Sundrapur, P.S.- Kesariya, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr.Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Kasariya P.S. Case No. 362 of 2017, G.R. No. 7826 of 2017, registered for offences punishable under Sections 341, 323 and 341, 323, 307, 504 and 506/34 of the Indian Penal Code. As per F.I.R., allegation against the petitioner is of assault by Farsa to the informant, causing injury.

Submission of the learned counsel for the petitioner is that the petitioner has not committed any offence and both the parties are gotias. It is also submitted that there is case and counter case in between the parties and the petitioner has also received injury in the occurrence. It is further submitted that the injuries

Patna High Court Cr.Misc. No.47848 of 2018 (2) dt.20-08-2018 2/2 found on the person of the informant in which injuries Nos. 2 and 3 are simple in nature, causing by hard and blunt substance whereas injury No. 1, opinion is reserved till date and the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XI, East Champaran, Motihari in connection with Kesariya P.S.Case No. 362 of 2017, G.R. No. 7826 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T