Patna High CourtCR. MISC./12974/2020bail granted

Bachcha Rai v. The State Of Bihar

2020-03-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12974 of 2020 Arising Out of PS. Case No.-237 Year-2016 Thana- CHAPRA TOWN District- Saran ====================================================== BACHCHA RAI S/o Sharwan Rai Resident of Village- Purwari Rauja, P.S.- Chapra Town, Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Chapra Town P.S. Case No. 237 of 2016, disclosing offence under Sections 341,323,307,379,504/34 of the Indian Penal Code. Occurrence is said to have taken place when the persons named in the First Information Report were cutting wheat crop from an agricultural field. The informant, it is alleged, claimed the land to be belonging to him. This dispute led to scuffle between the informant and the accused persons. Allegedly, the persons named in the FIR assaulted the informant variously. There is allegation against this petitioner of having assaulted the informant with an iron rod in his head. Learned counsel appearing on behalf of the petitioner,

Patna High Court CR. MISC. No.12974 of 2020(2) dt.03-03-2020 2/2 referring to the supplementary affidavit, which has been filed today and through which a copy of the injury report has been brought on record, has submitted that the injury, which the informant sustained in her forearm has been found to be grievous in nature. He has submitted that till date, there is no opinion on the nature of injury caused in the head of the informant.

Be that as it may, considering the genesis of the occurrence and the case of the petitioner that the informant and the persons named in the FIR are agnates and the land dispute is the reason behind the occurrence, this application is allowed. Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran in Chapra Town P.S. Case No. 237 of 2016.

(Chakradhari Sharan Singh, J) arun/- U