Girija Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43699 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Girija Tiwary son of Late Ram Ratan Tiwary, Resident of villageBhagwanpur, Pakari, P.S. Lalganj, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudra Deo For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be agnate of informant and it appears that a quarrel took place between the parties on the point of measurement of the land. It is alleged that the petitioner and other accused assaulted the informant and in that course, the petitioner gave one farsa blow, causing injury to the informant. Learned counsel, appearing for petitioner submits that the present case was lodged on the basis of written report, submitted by the informant on the alleged date of occurrence and in the aforesaid written report, he specifically stated that he came at police station after getting treatment from referral hospital and, therefore, the aforesaid circumstance suggests that the informant

Patna High Court Cr.Misc. No.43699 of 2015 (2) dt.22-09-2015 2/2 sustained simple injury. The impugned order of learned Additional Sessions Judge reveals that opinion, regarding two injuries had been kept reserved for want of CT scan report but even at the time of passing impugned order dated 12-08-2015, prosecution did not produce any CT scan report or the opinion of the doctor regarding the injuries.

Considering the above-said submission as well as facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Lalganj P.S. Case No. 44 of 2015 to the satisfaction of Smt. Niharika, J.M-Ist Class, Vaishali at Hajipur. (Hemant Kumar Srivastava, J) A.K.V./- U T