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Patna High CourtCR. MISC./28613/2015dismissed

Sudhir Kumar Choudhary v. The State Of Bihar

2015-07-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28613 of 2015 Arising Out of PS.Case No. -40 Year- 2014 Thana -BISHUNPUR District- DARBHANGA ====================================================== Sudhir Kumar Choudhary Son of Late Sant Sharan Choudhary resident of Village - Patori, Police Station - Moro, District - Darbhanga. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajey Kumar, Advocate.

For the Opposite Party : Mr. Ram Sewak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2015 Heard both sides.

The petitioner apprehends his arrest in Bishanpur P.S. Case No. 40 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The petitioner is alleged to have assaulted the informant Arun Kumar Choudhary with axe on his head and other parts of the body. Bipin Kumar Choudhary also assaulted the informant with sickle. It is submitted that there is counter version and the occurrence took place due to land dispute. The doctor has opined the injury to be simple in nature.

On the other hand, learned counsel for the informant submits that the petitioner in collusion with the doctor procured the injury report.

Patna High Court Cr.Misc. No.28613 of 2015 (2) dt.23-07-2015 2/2 It appears that the informant got as many as five injuries on different parts of his body including head. The petitioner is alleged to have repeatedly assaulted the informant with axe on head and other parts of the body. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T