Lal Babu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32969 of 2018 Arising Out of PS. Case No.-151 Year-2017 Thana- SARAI RANJAN District- Samastipur ====================================================== Lal Babu Sharma S/o Yogendra Sharma, R/o Vill.- Vajitpur, P.S.- Sarairanjan, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwanath Prasad Sinha Mrs. Bela Singh Mr. Rajeev Ranjan.

For the State :

Mr. Brajendra Nath Pandey For the Informant : Mr. Tahakur Brajesh Singh Mr. Mohammad Sufyan.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sarairanjan P.S. Case no. 151 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504, 506 of I.P.C.

The petitioner is said to have assaulted on the head of Vishanu Sharma by means of iron rod.

It is submitted by learned counsel for the petitioner that Vishanu Sharma has sustained simple injury on his head as reported by doctor of Darbhanga Medical College and Hospital. As there is single blow on the head of the victim at the hand of

Patna High Court Cr.Misc. No.32969 of 2018(3) dt.11-07-2018 2/3 the petitioner, no offence under Section 307 of I.P.C. is made out. Utmost offence under Section 324 of I.P.C. is made out. The petitioner has been languishing in custody since 30.07.2017. Earlier, the bail prayer of the petitioner was rejected by this Court vide order dated 22.12.2017 with liberty to renew his prayer for bail if the trial is not concluded within six months, but the trial has yet not been concluded. Hence, the petitioner may be enlarged on bail.

On the other hand, learned counsel for the informant and learned APP opposed the bail prayer of the petitioner and submitted that though the doctor of Darbhanga Medical College and Hospital has opined the injury simple in nature, but the victim was subjected to CT scan and multiple hemorrhagic contusion and fracture was found in his head and doctor conducting CT scan of the victim has opined the injury grievous in nature.

As there is single blow on the head of the victim at the hand of the petitioner and the petitioner has been languishing in custody since 30.07.2017, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned F.T.C.-1st, Samastipur in

Patna High Court Cr.Misc. No.32969 of 2018(3) dt.11-07-2018 3/3 Sarairanjan P.S. Case no. 151 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T