Bijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23763 of 2016 Arising Out of PS.Case No. -236 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Bijay Singh S/o Jagdambi Singh Resident of Village- Fatehpur, PS Khaira District Jaumui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code. The prosecution case is that the informant, her husband Manoj Paswan and other relatives were fixing electric pole on their land when the accused persons made protest and the petitioner assaulted with Garasi (a sharp cutting weapon) on the head of the informant.

It is submitted by learned counsel for the petitioner that for a bonafide land dispute the accusation has been levelled and there is a counter version of the occurrence

Patna High Court Cr.Misc. No.23763 of 2016 (2) dt.26-05-2016 2/2 also. The petitioner's side have also received injury. It is submitted by learned counsel for the informant that the informant has received fracture injury on the temporal region.

Considering the genesis of the occurrence when there is no accusation of repeating the blow coupled with the statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent, it is a case for consideration of prayer for regular bail by learned court below, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Khaira P.S. Case No. 236 of 2015 pending in the court of learned Chief Judicial Magistrate, Jamui.

With the aforesaid observation, this application is disposed of.

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