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Patna High CourtCR. MISC./14323/2016disposed

Ram Bhajan Prasad @ Ram Bhajan Kumar v. The State Of Bihar

2016-04-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14323 of 2016 Arising Out of PS.Case No. -292 Year- 2015 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Ram Bhajan Prasad @ Ram Bhajan Kumar Son of Kapil Mahto Resident of village-Verma, PS Moffasil, District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,448,427,307,379 and 504/34 of the Indian Penal Code. The prosecution case is that in the background of dispute with regard to shifting of gas pipe on the land of septic tank, the petitioner assaulted with iron rod on the head of the informant and snatched two thousand rupees from his pocket. Thereafter co accused Indradeo Prasad assaulted the informant with lathi. The informant received five injuries out of which one has been found to be grievous.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.14323 of 2016 (2) dt.07-04-2016 2/2 petitioner that in the background of bonafide dispute with regard to shifting of gas pipe the accusation has been levelled. There is counter version of the occurrence where the petitioner has also received injury and the petitioner is 40% differently abled person. Considering the fact that the injury has been found to be grievous, this court is not inclined to interfere in the matter but considering the genesis of the occurrence and disability of the petitioner, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Mufassil P.S. Case No. 292 of 2015 pending in the court of learned CJM, Nawada.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T