Matang Bhuiyan @ Matang Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12281 of 2018 Arising Out of PS.Case No. -388 Year- 2017 Thana -SHERGHATI District- GAYA ====================================================== Matang Bhuiyan @ Matang Mandal S/o Sita Ram Bhuiyan, R/o VillageBhadwar, P.S.- Dobhi, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 447, 308, 504 and 506 of the Indian Penal Code. The prosecution case as per the written report of Balchandra Ravidas dated 16.07.2017 submitted to the Station House Officer, Dobhi P.S. is to the effect that on 15.07.2017 at about 3.00 P.M. the informant was sitting besides his house, in the meantime, the petitioner Matang Bhuiyan came and started abusing for fencing the maize crop with Khagra, the informant replied that he has done the fencing to prevent the destruction of his crops from animals. Thereafter the petitioner

Patna High Court Cr.Misc. No.12281 of 2018 (2) dt.28-02-2018 assaulted the informant with lathi causing injury on the head. It is submitted by learned counsel for the petitioner that for the occurrence of 15.07.2017 at 3.00 P.M. the FIR was registered on 16.07.2017 at 2.20 P.M. while the FIR reached to the court of learned ACJM on 18.07.2017 which clouds the prosecution case. The accusation has been levelled in the background of land dispute. After CT Scan it is found that the informant has received one lacerated wound on the frontal side of the scalp simple in nature caused by hard and blunt substance. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the accusation of assault is specific against the petitioner.

Considering the fact that though the informant has received injury, but the nature of the injury suggests that petitioner had no intention to cause any injury, moreover, there is no accusation of repeating the blow, the injury report suggests only one injury and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today,

Patna High Court Cr.Misc. No.12281 of 2018 (2) dt.28-02-2018 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Sherghati (Dobhi) P.S. Case No. 388 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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