Parmeshwar Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.543 of 2017 (2) dt.16-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.543 of 2017 Arising Out of PS.Case No. -42 Year- 2016 Thana -SAKATPUR District- DARBHANGA ======================================================

1. Parmeshwar Mahto S/o Dhorai Mahto @ Dhongai Mahto Resident of Village- Pokharbhinda, P.S.- Sakatpur, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.01.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in Sakatpur P.S. Case no. 42/2016 registered under section 307 of the Indian Penal Code. Petitioner is said to have given axe blow causing injury to one of the injured of the case. However, there is case and counter case between the parties and persons from both sides sustained injuries but it is not proper stage to hold that as to which of the parties are aggressor and accordingly, this petition stands disposed of with direction to the petitioner to surrender before the court below and seek regular bail within four weeks from the date of receipt/production of a copy of this order and if petitioner does so, the concerned court shall pass order on regular bail petition of the petitioner on the day of his surrender keeping in mind that both parties have lodged cases against each others and persons from both sides received injuries and so far as

Patna High Court Cr.Misc. No.543 of 2017 (2) dt.16-01-2017 injured to whom the petitioner is said to have caused axe injury appears to have sustained simple injury.

shahid (Hemant Kumar Srivastava,J) U T