Ganga Prasad Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46180 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -RAGHOPUR District- SUPAUL ====================================================== Ganga Prasad Mandal, s/o late Shree Lal Mandal, r/v Achalpur, P.S. Raghopur, District-Supaul.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madhav Jha For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2016 Heard both sides.
The petitioner apprehends his arrest in Raghopur P.S. Case No. 105/2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The allegation against the petitioner is that the petitioner and others were digging hole in the land of the informant and on protest the petitioner is alleged to have assaulted with Dabia.
Learned counsel for the petitioner submits that there is a land dispute between the parties. Some altercation took place. The injury found on the person of the informant is superficial in nature as the dimension of the injury is 1⁄2" x 1/4" x 1/4" and the same is simple in nature.
Considering the facts aforesaid and the fact that on
Patna High Court Cr.Misc. No.46180 of 2016 (2) dt.28-11-2016 2/2 account of land dispute the occurrence took place, the injury is simple in nature, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Birpur in connection with Raghopur P.S. Case No. 105/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi U T