Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38129 of 2017 Arising Out of PS.Case No. -62 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Sharwan Kumar son of Late Ram Vinit Ray resident of Village Samachak, P.S. - Hajipur Sadar, District Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Sri Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends arrest in connection with Hajipur Sadar P.S. Case No. 62 of 2015 registered for the offence(s) punishable under section(s) 341, 323, 324, 504, 506, 354, 379, 307/34 of the Indian Penal Code.

It has been alleged that on 06.02.2015, this petitioner and other co-accused armed with Lathi, Bhala and Farsa came and started construction work over the land of the informant and on protest, this petitioner assaulted the informant by Farsa. The learned counsel for the petitioner submits that on the day of occurrence, scuffle took place between the parties and in the said scuffle, both the sides sustained injuries. A counter case

Patna High Court Cr.Misc. No.38129 of 2017 (2) dt.17-08-2017 2/2 has also been filed from the side of the petitioner. There is a land dispute between them and so, the petitioner deserves anticipatory bail.

Learned Additional Public Prosecutor on the other hand opposed the submission.

On perusal of FIR I find that there is a specific allegation that this petitioner assaulted the informant on his head by Farsa. The informant sustained bone deep incised wound on middle of scalp as to 3"x 1/4" x 1/2", besides two more injuries including one grievous injury on finger.

Considering the nature of injuries caused by sharp cut weapons, I am not inclined to grant anticipatory bail to the petitioner and accordingly, his prayer is rejected. (Sanjay Kumar, J) Mahesh/- U T