Santosh Kumar Dubey @ Santosh Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42745 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Santosh Kumar Dubey @ Santosh Dubey S/o Late Shyam Narayan Dubey resident of At and P.O. Buxar Golamber, P.S. Buxar ( Industrial ), District - Buxar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Buxar (Industrial) P.S. Case No. 108 of 2016 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. The present occurrence appears to have taken place on account of land dispute. The khesra number and plot number have not been given in the written report but submission on behalf of the petitioner is that the disputed plot belongs to mother of the petitioner and as a matter of fact, prosecution party forcibly
Patna High Court Cr.Misc. No.42745 of 2016 (3) dt.15-12-2016 2/3 wanted to take possession of the aforesaid land and in that course, altercation took place between the parties. It is further submitted that petitioner is said to have given blow by butt of the gun causing head injury to informant. It is further submitted that a private doctor gave injury report mentioning that the injury found on the head of the informant was dangerous and, therefore, the aforesaid injury was grievous in nature. It is further submitted that another injury found on the person of the informant is admittedly attributed to co-accused.
Annexure-4, the photostat copy of injury report goes to show that one lacerated wound about 1 cm over right parietal region over head was found on the person of the informant and the doctor opined that aforesaid injury was dangerous and that is why the said injury was grievous in nature.
Learned counsel for the petitioner submits that aforesaid injury does not come under the purview of Section 320 of the I.P.C. and, therefore, the aforesaid injury cannot be treated as grievous in nature.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order
Patna High Court Cr.Misc. No.42745 of 2016 (3) dt.15-12-2016 3/3 to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Buxar (Industrial) P.S. Case No. 108 of 2016 subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T