Hira Lal Noniya @ Heera Lal Nuniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59681 of 2017 Arising Out of PS. Case No.-217 Year-2017 Thana- AJAMNAGAR District- Katihar ====================================================== Hira Lal Noniya @ Heera Lal Nuniya, Son of Shyam Sunder Noniya, Resident of Village - Mukuriya, P.S. Azamnagar (O.P. Salmari), District - Katihar.

... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Md. Qumrul Hoda For the Opposite Party/s :

Mr. SRI TARUN PRASAD MANDAL ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149, 323, 324, 307, 379, 504 and 506 of the IPC.

The accusation against the petitioner is of making assault to the informant and his tractor driver, as well as the sister-inlaw(bhabhi) of the informant. It is submitted by learned counsel for the petitioner that in the background of land dispute, the accusation has been levelled. There is counter version of the occurrence also. Though, one of the injuries on the hand of the informant has been found to be grievous, but even assuming the accusation and the injury caused to the informant, no case under Section

Patna High Court Cr.Misc. No.59681 of 2017(2) dt.13-12-2017 2/2 307 of the IPC is made out. A statement has been made in paragraph no.3 of the petition that the petitioner has no criminal antecedent.

Considering the nature of injury caused, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned court below consider the prayer for bail of the petitioner if he surrenders within a period of six weeks, in connection with Azamnagar P.S. Case No. 217 of 2017, pending in the court of learned Chief Judicial Magistrate, Katihar. Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T