Patna High CourtCR. MISC./54358/2023bail granted

Dhananjay Upadhyay v. The State Of Bihar

2023-08-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54358 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- MADHAURAH District- Saran ====================================================== DHANANJAY UPADHYAY son of Mithileshwar Upadhyay VillageSemrahiya Ps- Madhaura Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Madhaura P.S. Case No. 198 of 2023 registered for the offence under Sections 341, 323, 324, 307, 354, 379, 504 and 506 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is said to have assaulted the brother of the informant by stabbing which has caused grievous injury to the victim.

5. Learned counsel for the petitioner submits that the present occurrence has taken place because of the land dispute and injury No. 01 to 03 caused by the petitioner are lacerated

Patna High Court CR. MISC. No.54358 of 2023(2) dt.25-08-2023 2/2 and are non-grievous and the nature of injury No. 04 is not clear from the injury report.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 27.06.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Upon perusal of the injury report, this Court is unable to understand the nature of injury No. 04 and the doctor's report that since the injury has not healed therefore the injury is grievous cannot be relied upon.

9. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

10. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra in connection with Madhaura P.S. Case No. 198 of 2023.

(Sandeep Kumar, J) Vikas/- U T