Shankar Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.10782 of 2015 (3) dt.06-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10782 of 2015 Arising Out of PS.Case No. -318 Year- 2014 Thana -DAGARUA District- PURNIA ======================================================

1. Shankar Sharma S/o Late Shaligram Sharma Resident of Village Chand Bhatti, P.S. Dagrua, District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha, Advocate For the Opposite Party/s : Mr. M.K.Nirala (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-05-2015 Heard learned counsel for the petitioner as well as learned APP.

In the background of land dispute, it has been alleged that accused persons so named therein including petitioner assaulted informant Bhola Rai with fists and slaps and during course thereof, Govind and Mithu assaulted him with Lathi and Danda while petitioner gave iron blow over his head. From the injury report, it is evident that at an initial stage, though the doctor has found three injuries i.e. (1) cut injury on vertex 6 cm long and 1 cm deep (2) cut and laceration on right head (3) minor cut and laceration on right elbow, and the opinion was kept reserved thereto while referring to injured to Sadar Hospital, Purnea where he was examined and on the basis thereof, the subsequent injury report has been issued identifying the injuries simple in nature.

Patna High Court Cr.Misc. No.10782 of 2015 (3) dt.06-05-2015 That being so, petitioner is directed to surrender before the learned lower Court with a prayer for bail which the learned lower Court will consider favourably in the light of injury as indicated above.

With the aforesaid observation, the instant petition is disposed of.

(Aditya Kumar Trivedi, J) perwez U T