Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51589 of 2018 Arising Out of PS. Case No.-67 Year-2016 Thana- RANIYATALAB District- Patna ====================================================== Subodh Kumar son of Ram Nandan Paswan resident of village - Patut, P.S. - Rani Talab, Dist - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Madhuri Lata For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 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, 504, 354, 379, 307/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner armed assaulted the informant, due to which she sustained injuries.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The alleged occurrence is said to have taken place due to previous enmity. It has further been submitted on behalf of the petitioner that till date the injury report has not been

Patna High Court Cr.Misc. No.51589 of 2018(2) dt.28-09-2018 2/2 brought on record by the prosecution. Hence it could not be ascertained that the nature of injury is simple or grievous. In absence of the injury report, it cannot be said that the offence under Section 307 of the I.P.C. has been committed by the petitioner.

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., Danapur, Patna in connection with Ranitalab P.S. case No.67 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T