Patna High CourtCR. MISC./31009/2015bail granted

Kanhaiya Prasad v. The State Of Bihar

2015-10-14Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31009 of 2015 Arising Out of PS.Case No. -230 Year- 2014 Thana -BASANTPUR District- SIWAN ======================================================

1. Kanhaiya Prasad Son of Late Kewal Prasad R/o village - Madhopur, P.S. Basantpur, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Ram Priya Sharan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Admittedly, the alleged occurrence took place on account of land dispute and in the fardbeyan of the informant general allegation of assault has been leveled against the petitioner and other F.I.R named accused persons but when the further statement of the informant and the statement of other witnesses was recorded, they claimed that this petitioner gave Kulahari blow causing injury to the deceased.

The contention on behalf of the petitioner is that there was case and counter case between the parties and persons from the side of the petitioner also sustained injury. It is further contended by him that the post mortem report of deceased reveals

Patna High Court Cr.Misc. No.31009 of 2015 (3) dt.14-10-2015 2/2 that no sharp cutting injury was found on his person and almost all the injuries found on the person of the deceased had been caused by hard and blunt substance.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Siwan in connection with Basantpur P.S.Case No.230 of 2014.

(Hemant Kumar Srivastava, J) Namita/- U T