Gorelal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32855 of 2014 Arising Out of PS.Case No. -143 Year- 2012 Thana -MOKAMAH District- PATNA ======================================================
1. Gorelal Paswan son of Late Bare Paswan resident of village - Mekra P.S. Mokama District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-02-2015 Heard both sides.
The petitioner apprehends his arrest in Mokama P.S. Case No. 143 of 2012, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. Arun Paswan the informant named five persons including the petitioner and alleged that the petitioner assaulted the informant with Lathi but the blow hit on the hand of the informant.
Learned counsel for the petitioner submits that the petitioner is co-sharer of Arun Paswan the informant. There is a land dispute between the parties. From the side of the petitioner a case is also lodged.
On perusal of record it appears that there is case and
Patna High Court Cr.Misc. No.32855 of 2014 (2) dt.04-02-2015 counter case between the parties, but the petitioner also sustained injury. The petitioner is alleged to have assaulted the informant with Lathi on his hand. From the injury report of the informant, it appears that the injury was grievous in nature on the hand of the informant which was found broken.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on the same day on its own merit without being prejudiced by this order. (Prabhat Kumar Jha, J.) KKSINHA/- U T