Suraj Kumar Sahani @ Suraj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1852 of 2017 (2) dt.20-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1852 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Suraj Kumar Sahani @ Suraj Kumar, S/o Late Bunilal Shani, R/o Vill Bariyia Diha, P.S. Harsidhi, Dist. E. Champaran..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Harsidhi P.S. Case No. 38 of 2016 registered for the offences punishable under Sections 341, 342, 448, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

Allegedly, the petitioner and co-accused Niraj Kumar were cutting green Shesham tree of the informant and when the informant forbade then they started abusing and the petitioner gave farsa blow on his head causing injury and when wife Tara Devi came for rescue she was also assaulted by Niraj Sahani by iron rod on her head.

Submission is of false implication and that due to land dispute the occurrence has taken place, injury found is superficial

Patna High Court Cr.Misc. No.1852 of 2017 (2) dt.20-01-2017 in nature which is 2"x1/3"x1/4".

Learned APP opposes the prayer of bail by submitting that incised wound on the left parietal region of the scalp has been found which has been noticed dangerous to life and nature of injury has been found grievous.

In the facts and circumstances stated above, considering the allegation, at present, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. However, the petitioner may renew his prayer of bail after completing six months custody from the date of his remand. (Jitendra Mohan Sharma, J) avin/- U T