Sanjay Rai @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4264 of 2018 Arising Out of PS. Case No.-469 Year-2017 Thana- KUDHNI District- Muzaffarpur ====================================================== Sanjay Rai @ Sanjay Kumar, Son of Kishori Rai, Resident of VillageMadhopur Susta, P.S.- Maniyari, District- Muzaffarpur. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bela Singh For the Respondent/s :

Mr.Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Kudhani P.S.Case no.469 of 2017 dated 27.11.2017 G.R.No.2863 of 2017 registered for offences punishable under Sections 341, 323, 307, 506/34 of the Indian Penal Code and Section 3(i)(s) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellant is of brutally assaulting the son of the informant by knife causing injury. Submission of the learned counsel for the appellant is that the injury report does not show that the injuries are grievous in nature and does not support the prosecution case and there is no allegation of abusing by taking caste name.

Heard learned Spl.P.P. also. It appears that the injury report has not been mentioned in the case diary.

Patna High Court CR. APP (SJ) No.4264 of 2018(4) dt.10-01-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the appellant to surrender within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned special Judge on the basis of nature of the injury and if possible to be disposed of on the same day.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T