Sujan Kumar Roy Barman @ Sujan Kumar Barman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4037 of 2016 Arising Out of PS.Case No. -684 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sujan Kumar Roy Barman @ Sujan Kumar Barman Son of Late Dhruv Pd. Roy Barman, Resident of Village / Mohalla - Madhuban Chhawni Chowk, P.S. - town Motihari, District - East Champaran, Permanent Address - resident of 9/3, Hem Dey Lane, Post Office and Police Station - Sinthi, Kolkata - 700050, State - West Bengal.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar, Adv. For the Informant Mr. Bipin Kumar, Adv. For the State : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-02-2016 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

There is general allegation against the petitioner that he along with others assaulted the informant as well as other injured of this case by means of lethal weapons but

Patna High Court Cr.Misc. No.4037 of 2016 (2) dt.10-02-2016 2/3 submission on behalf of the petitioner is that there is case and counter case between the parties and except injured, Umashankar Mishra, all the injured of this case sustained simple injuries and so far as injured, Umashankar Mishra is concerned, only one grievous injury was found on his forearm. It is further contended by him that as a matter of fact, there was land dispute between the parties and both parties entered into free fight and persons from the side of the petitioner, too, sustained injury and a criminal case was lodged against the prosecution party.

On the other hand, learned Additional Public Prosecutor opposes the prayer and points out that case diary has been called for by this court in respect of co-accused and, therefore, this matter should be listed along with Cr. Misc. No. 1153 of 2016 but the aforesaid submission is refuted by learned counsel for the petitioner and it is submitted that this court called for the case diary in Cr. Misc. No. 1153 of 2016 as the complete injury report of injured of this case was not available but in the present matter, the petitioner has already brought the complete injury report of all the injured of this case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be

Patna High Court Cr.Misc. No.4037 of 2016 (2) dt.10-02-2016 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 684 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T