Bijendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44212 of 2019 Arising Out of PS. Case No.-302 Year-2016 Thana- MADHEPURA District- Madhepura ====================================================== BIJENDRA RAM Son of Jagdish Ram Resident of village- Takthi, Police Station- Madhepura, District- Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-07-2019 Heard both sides.

The petitioner apprehends his arrest in Madhepura P.S. case No. 302 of 2016 registered under Section 307 and other Sections of the IPC.

The informant, Nand Kishore Ram, named 10 persons in the FIR and alleged that they all assaulted him and his family members. The petitioner, Bijendra Ram, is said to have assaulted the informant with butt of pistol on his head. The learned counsel for the petitioner submits that there is title suit pending between the parties. The occurrence took place due to land dispute. The informant alleged that 10 persons including the petitioner assaulted him with different weapons but only two injuries are found on the head of the informant caused by sharp edged weapon. Both the injuries are

Patna High Court CR. MISC. No.44212 of 2019(2) dt.18-07-2019 2/2 simple in nature. No injury caused by butt of pistol is found. Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that the occurrence took place due to land dispute and 10 persons are alleged to have assaulted the informant but only two simple injury are found on the head of informant, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his 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, Madhepura in connection with Madhepura P.S. case No. 302 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T