Patna High CourtCR. MISC./20461/2016disposed

Mithlesh Kumar v. The State Of Bihar

2016-05-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20461 of 2016 Arising Out of PS.Case No. -259 Year- 2015 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Mithlesh Kumar son of Ahsok Ravidas, Resident of Gandhi Tola Rajgir, P.S.- Rajgir, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumari Sujata Sinha For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 504 of the Indian Penal Code.

The prosecution case is that on 20.12.2015 when the informant was sitting at his door, the petitioner came and abused the informant and co-accused Mithun Kumar assaulted with axe on the head of informant but it caused injury to his elbow and when the informant fell down the petitioner assaulted with lathi on the head of informant causing injury. When the family members of the informant came to rescue then the accused persons made assault.

Patna High Court Cr.Misc. No.20461 of 2016 (2) dt.12-05-2016 2/2 It is submitted by the learned counsel for the petitioner that in the background of land dispute the accusation has been levelled. The injury report reflects one abrasion on the parietal region and other injury is on the left wrist joint. The injuries have been found to be grievous. It is further submitted that there is counter version of the occurrence in which petitioner's side also received injuries. Statement has been in paragraph 3 of the petition that the petitioner has no criminal antecedent. The aforesaid facts constitute grounds 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 Rajgir P.S. case No. 259 of 2015 pending in the court of learned ACJM-IV, Sadar Court, Rajgir at Nalanda. This application is disposed of with the aforesaid observation/direction.

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