Chandan Rai @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14154 of 2016 Arising Out of PS.Case No. -194 Year- 2015 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Chandan Rai @ Chandan Kumar, son of Jaleshwar Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar Singh, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 325, 307, 326 and 427of the Indian Penal Code. Prosecution case is that petitioner came at the door of the informant on his tractor and claimed the land of the informant. On protest being made co-accused Sunil Kumar started assaulting the informant when one Pramila Kumari came to rescue co-accused Wakil Rai caused injury on her forehead with 'dab'. The petitioner and other accused persons also abused and assaulted the informant. It is alleged that the petitioner

Patna High Court Cr.Misc. No.14154 of 2016 (2) dt.31-03-2016 2/3 crushed the leg of the informant by riding tractor when coaccused Bishwanath Rai caused injury on the nose of the informant. It is further alleged that Pramila Kumari received head injury by co-accused Naresh Rai with 'dab' when Manju Devi came to rescue she was assaulted by co-accused Rajendra Rai with spade, when Birendra Rai came to rescue he was assaulted by co-accused Jaleshwar Rai by lathi while Fagu Rai was assaulted by Yogendra Rai with lathi. The accused persons also damaged the house of the informant.

It is submitted by learned counsel for the petitioner that in the background of land dispute the accusation has been levelled and there is counter version of the occurrence also. The injuries of the injured have been found frivolous. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Mohammadpur P.S. Case No.194/2015, pending before the learned 1st ACJM,

Patna High Court Cr.Misc. No.14154 of 2016 (2) dt.31-03-2016 3/3 Gopalganj.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T