Patna High CourtCR. MISC./28199/2015dismissed

Bijendra Chauhan v. The State Of Bihar

2015-10-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28199 of 2015 Arising Out of PS.Case No. -69 Year- 2014 Thana -MAGADH UNIVERSITY District- GAYA ====================================================== Bijendra Chauhan son of Rajendra Chauhan Resident of Village - Gaura, Police Station - Magadh University (MU), District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Rajendra Singh Shastri Ji(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 307 and other sections of the Indian Penal Code. The informant alleged that on 09.11.2014, Bijendra Chauhan (the petitioner), Binod Chauhan and Manoj Chauhan assaulted the informant. Bijendra Chauhan assaulted the informant with Khanti on his head as a result of which the informant became unconscious. It is submitted that there is a counter-version being Magadh University P.S. Case No. 72/14. The occurrence took place due to land dispute. The present F.I.R. was lodged after four days of the occurrence when the informant managed his injury report. The case is compromised. The other two accused persons, namely, Binod Chauhan and Manoj Chauhan have already been enlarged on anticipatory bail.

Patna High Court Cr.Misc. No.28199 of 2015 (3) dt.09-10-2015 2/2 It appears that there is specific allegation against the petitioner that he assaulted the informant Sunil Chauhan with Khanti on his head and the injury found on the head of Sunil Chauhan is opined to be grievous in nature.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Magadh University (M.U.) P.S. Case No. 69/2014. Accordingly, the same is rejected. The petitioner, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order.

(Prabhat Kumar Jha, J) Dilip/- U T