Digvijay Dixit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53128 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- JALALPUR District- Saran ====================================================== DIGVIJAY DIXIT SON OF LATE NATHUNI DIXIT R/O-BISHUNPURA, P.S.-JALALPUR, DISTT.-SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Jalalpur P.S. Case No.86 of 2022 instituted under Sections 147, 145, 149, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code lodged on 25.03.2022 by the informant Jai Prakash Gupta.

As per the prosecution story, the accused persons assaulted the informant's side while they were inspecting their land. Allegation against the petitioner is of assaulting the informant with sharp edged weapon on his head (farsa) and further gave second blow which fractured his left hand. The further allegation is on other accused persons of assaulting Arbind Singh. Accordingly, the FIR.

It is the case of the petitioner that the injury report only shows lacerated wound on the occipital region which

Patna High Court CR. MISC. No.53128 of 2023(2) dt.21-08-2023 2/2 shows that it has not been implicated by farsa for which he has already suffered.

Learned APP on the other hand has again taken this Court to injury report to show that the wound on the scalp is 2"x1/14"x1/14" and further there is swelling on the left side of arm 2"x2".

Considering the kind of allegation that has come against the petitioner, for the present, this Court is not inclined to extend him privilege of bail, which is accordingly rejected. (Rajiv Roy, J) Prakash Narayan U T