Balgovind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60119 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== BALGOVIND RAI Son of Late Sureshwar Rai Resident of Village-Usari, P.S-Baikunthpur, District-Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.

The petitioner apprehends his arrest in Baikunthpur P.S. Case No.02 of 2019 registered under Sections 307, 379 and other sections of the Indian Penal Code.

The informant alleged that the petitioner came and assaulted him with sword which hit on his head. The informant fell down on the ground and became unconscious. It is further alleged that other accused persons also assaulted the family members of the informant.

Learned counsel for the petitioner submits that no occurrence as alleged by the informant took place. The informant is said to have been assaulted with sword but the injury is lacerated one and simple in nature. The petitioner is not alleged to have assaulted the sons of the informant.

Patna High Court CR. MISC. No.60119 of 2019(2) dt.16-10-2019 2/2 Having considered the facts that on account of land dispute the occurrence took place and the petitioner is alleged to have assaulted the informant with sword on his head but the injury found on his head is lacerated and simple in nature, the above named petitioner, in the event of his arrest or surrender before the learned 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 learned J.M., 1st class, Gopalganj in connection with Baikunthpur P.S. Case No.02 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T