Patna High CourtCR. MISC./52152/2022dismissed

Ranjit Paswan v. The State Of Bihar

2023-01-12Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52152 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- KHANPURA District- Samastipur ====================================================== RANJIT PASWAN S/o Maheshwar Paswan R/o village- Bachhauli, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Khanpur P.S. Case No. 63 of 2022 for the offence registered under Sections 341, 323, 325, 379, 354 and 504/34 of the Indian Penal Code.

As per the FIR, allegation of assault is on the informant's side and due to land dispute, specific allegation against the petitioner is of causing head injury which has been found to be grievous in nature.

Learned counsel for the petitioner submits that though allegation against him is of causing injury on the head and which he concedes grievous in nature it cannot be ascertained in view of the free fight between the parties about who

Patna High Court CR. MISC. No.52152 of 2022(2) dt.12-01-2023 2/2 assaulted, which led to the said injury.

Learned APP for the State, on the other hand, submits that the FIR clearly discloses that it was the petitioner who gave injury on the head which is grievous in nature and as such, he opposes the prayer for bail.

Taking into account the kind of allegation that has come against the petitioner, this Court is not inclined to grant him relief which is accordingly rejected.

If however, he surrenders before the Court concerned within a period of four weeks, the concerned Court shall take up the matter and dispose of the same expeditiously without being prejudiced by any observation made therein.

(Rajiv Roy, J) Jagdish/Neha/- U T