Patna High CourtCR. MISC./35293/2014disposed

Jagdeo Prasad v. The State Of Bihar

2015-02-11Mr. Justice Dharnidhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35293 of 2014 Arising Out of PS.Case No. -110 Year- 2014 Thana -DIDARGANJ District- PATNA ====================================================== Jagdeo Prasad, Son of Ram Ayodhya Singh, Resident of Nijampur, P.S. Didarganj, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anuj Dilbar Krishna For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DHARNIDHAR JHA ORAL ORDER 11-02-2015 Heard.

Let the petitioner surrender and pray for regular bail before the Magistrate who is handling cases arising out of Didarganj Police Station as the petitioner seeks anticipatory bail in connection with Didarganj P.S. Case No. 110 of 2014. The submission is that there is a case and counter case and further that the accused persons of the counter version have been admitted to anticipatory bail by the learned Sessions Judge, Patna. As regards the present petitioner, the allegation of course is that he dealt a blow with Bhujali on the head of Randhir Kumar but the attention of the Court has been drawn to the annexed copy of injury report (Annexure-4) which states that it is a lacerated wound over the scalp measuring 11⁄2"x1/8"x1/8" simple in nature caused by hard and blunt substance. Submission further

Patna High Court Cr.Misc. No.35293 of 2014 (2) dt.11-02-2015 2 / 2 was that it may not be a case under Section 307 of the Indian Penal Code.

Let the Magistrate consider these aspects of the case and further consider that the injury report was not consistent with the allegation which was appearing against the present petitioner and that it could be a case for granting regular bail to the petitioner, if he surrenders in four weeks from today as has been undertaken by the learned counsel appearing on his behalf. The petition stands disposed of with the above observation and direction.

(Dharnidhar Jha, J.) Sanjay/- U T