Binod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48794 of 2015 Arising Out of PS. Case No. -70 Year- 2015 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Binod Rai, Son of Late Muni Lal Rai, resident of village - Ishakpur, Ward No. 18, P.S. - Mahnar, District - Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bibhakar Tiwary, Advocate For the Opposite Party/s : Mr. Dr. Kr. Uday Pratap (APP) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under Section 307 and other allied sections of the Indian Penal Code. The allegation is that the petitioner gave a Farsa blow on the head of the informant causing sharp cut wound on the occipital area.

The petitioner submits that there is a case and counter case. He further submits that the occurrence took place in the same transaction and his son sustained injury on the head and other parts of the body by the prosecution side. He further submits that there is free fight in which both the sides have sustained injuries. In my view, the ground taken by the petitioner would be a ground for regular bail.

In the circumstances, if the petitioner surrenders

Patna High Court Cr.Misc. No.48794 of 2015 (2) dt.05-11-2015 2 / 2 before the court below (Chief Judicial Magistrate, Vaishali at Hajipur) and prays for regular bail, the same would be disposed of preferably on the same day taking into consideration that there is a case and counter case and there is free fight between both the parties.

With the aforesaid observation, this application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U T