Bhuti Prasad @ Raj Ballam Prasad And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38653 of 2014 Arising Out of PS.Case No. -57 Year- 2014 Thana -HATHUA District- GOPALGANJ ======================================================
1. BHUTI PRASAD @ RAJ BALLAM PRASAD.
2. BIRU PRASAD BOTH ARE SONS OF LATE RAMA PRASAD BOTH ARE RESIDENT OF VILLAGE- MACHHAGAR, JAGDISH, P.S.-HATHUA, DISTRICT- GOPALGANJ.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:
For the Petitioner/s : Mr. Dhramveer, Adv.
For the Opposite Party/s : Mr. Satyendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 26-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.
As directed injury report of all the three injured have been filed on supplementary affidavit. After perusal of the same it is evident that on account of non-submission of injury report subsequently, the opinion regarding injury no.1 and 2 has not been explained while remaining simple. Tuntun Patel had sustained following injury:
I. Lacerated wound 2"x1/3" x skin deep over right thumb X-ray (R) thumb.
II. Lacerated wound 1 1/3" x 1/3" x skin deep over left hand thumb and index finger. / Xray (L) hand.
Patna High Court Cr.Misc. No.38653 of 2014 (5) dt.26-03-2015 III. Swelling 2" x 2" one forehead with lacerated wound 1/3" x 1/3" x skin deep over it.
IV. Swelling 1"x 1" one left arm.
V. Swelling 2" x 2" over upper chin.
So far injury over Manju Devi is concerned, the same has been found simple. Injuries are as follows: I. Lacerated 2" x 1⁄4" x skin deep over frontal region of scalp X-ray skull.
II. Bruise 2" x 1" over back Nature of Injury. Opinion of Injury No.(i) kept reserved for want of X-ray report. Injury No.(ii) is simple in nature caused by hard and blunt substance.
With regard to Shankar Patel, similar situation prevailed on account of non-submission of subsequent injury report. Injury over person of Shankar Patel happens to be lacerated 2" x 1/3" x skin deep over forehead.
Parties are full brothers and on account of land dispute, it has been alleged that petitioner no.1 Bhuti Prasad gave spade blow causing injury over right thumb of Tuntun Patel. Furthermore, Bhuti Prasad also gave spade blow over head of wife of informant namely Manju Devi while Shankar Patel was assaulted by Janki Devi with Lathi. Petitioner Bhuti Prasad is
Patna High Court Cr.Misc. No.38653 of 2014 (5) dt.26-03-2015 under custody since 13-07-2014.
Accordingly, petitioners Bhuti Prasad @ Raj Ballam Prasad is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Hathua P.S. Case No.57 of 2014.
(Aditya Kumar Trivedi, J.) PN/- U T