Patna High CourtCR. MISC./38088/2015disposed

Wakil Yadav v. The State Of Bihar

2015-09-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38088 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -SONO District- JAMUI ======================================================

1. Wakil Yadav son of Puran Yadav, resident of village- Bariyarpur, P.S.- Sono, Dist.- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. B.N.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-09-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 308, 504 of the Indian Penal Code. The prosecution case is that on protest being made by the informant Doman Yadav for making construction in the land of the informant, all the accused persons abused when this petitioner assaulted on the head of the informant by lathi.

It is submitted by learned counsel for the petitioner that for the occurrence of 27.05.2015, the written report was submitted on 30.05.2015 by the informant and in the background of land dispute the accusation has been levelled. There is no accusation of repeating the blow. Moreover

Patna High Court Cr.Misc. No.38088 of 2015 (2) dt.23-09-2015 2/2 there is counter version of the occurrence and petitioner's side also received injuries.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is submitted by learned counsel for the informant that injury has been found to be grievous and accusation of assault against the petitioner is specific. Considering the delayed lodging of the case, the accusation being levelled in the background of land dispute and there is no accusation of repeating the blow, it is a case for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Sono(Charkapathar) P.S. Case No. 87 of 2015, pending in the Court of learned Additional Chief Judicial Magistrate, Jamui. With the observations above, the application stands disposed off.

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