Patna High CourtCR. MISC./336/2016disposed

Md. Sattar v. The State Of Bihar

2016-01-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.336 of 2016 Arising Out of PS.Case No. -65 Year- 2015 Thana -MARKAHI District- KHAGARIA ======================================================

1. Md. Sattar Son of Md. Samid Resident of Rasaunk, Police Station Morkahi, District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsels for the petitioner, informant and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 323,341,504,506,307,325,337 and 379/34 of the Indian Penal Code.

The prosecution case is that all the accused persons assaulted the informant, thereafter the petitioner assaulted Md. Hamid and Md. Abid.

It is submitted by the learned counsel for the petitioner that the informant received five injuries out of which four are simple in nature and one injury is diffused swelling on right forearm. The accusation is omnibus and general. It is further

Patna High Court Cr.Misc. No.336 of 2016 (2) dt.07-01-2016 2/2 submitted that there is no injury report on record with regard to the injury on Md. Abid. So far as the injury report of Md. Hamid is concerned, it reflects that he received only one injury which has been found to be grievous though during investigation it has come that in a free fight Md. Hamid was assaulted by all the accused persons. There is counter version of the occurrence. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Morkahi P.S. Case No. 65 of 2015 pending in the court of learned SDJM, Khagaria. This application is disposed of with the aforesaid observation/direction.

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