Patna High CourtCR. MISC./14870/2015disposed

Sanjeet Dixit v. The State Of Bihar

2015-04-10Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.14870 of 2015 (2) dt.10-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14870 of 2015 Arising Out of PS.Case No. -10 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Sanjeet Dixit S/o Sri Hriday Dixit Resident of Village Satjora, P.S. Panapur, District Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar For the Opposite Party/s Mr. Shailendra Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 10.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Chapra Mufassil P. S. case no. 10/2014 registered under sections 324, 379 and other allied sections of the Indian Penal Code. The accusation against the petitioner is that he gave one farsa blow on the head of the informant but my attention is drawn towards annexure 2 to the petition and it is submitted that injury found on the right parietal region of the scalp of the informant was simple in nature said to be caused by hard and blunt substance and, therefore, no farsa injury was found on the person of the informant. It is further contended by him that so far as allegation of theft is concerned, the same is not against the petitioner.

In view of the aforesaid submissions, this petition stands disposed of with direction to the petitioner to surrender before the

Patna High Court Cr.Misc. No.14870 of 2015 (2) dt.10-04-2015 Chief Judicial Magistrate, Saran at Chapra/concerned court in connection with Chapra Mufassil P. S. case no. 10/2014 within four weeks from today and seek regular bail and if the petitioner does so, the concerned court shall take notice of this fact that no case under section 324 of the Indian Penal Code is made out and, at best, section 323 of the Indian Penal Code is applicable against the petitioner and shall pass appropriate order on regular bail application of the petitioner on the day of his surrender.

shahid (Hemant Kumar Srivastava,J) U T