The High Court directed the petitioner to surrender within four weeks to seek regular bail from the competent Magistrate, noting that the injury report did not appear consistent with the allegation of an attempt to murder.
The petition was disposed of with a direction to surrender in four weeks to seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35293 of 2014
Arising Out of PS.Case No. -110 Year- 2014 Thana -DIDARGANJ District- PATNA
====================================================== Jagdeo Prasad, Son of Ram Ayodhya Singh, Resident of Nijampur, P.S. Didarganj, District Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Dilbar Krishna For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DHARNIDHAR JHA ORAL ORDER
2 11-02-2015 Heard.
Let the petitioner surrender and pray for regular bail before the Magistrate who is handling cases arising out of Didarganj Police Station as the petitioner seeks anticipatory bail in connection with Didarganj P.S. Case No. 110 of 2014.
The submission is that there is a case and counter case and further that the accused persons of the counter version have been admitted to anticipatory bail by the learned Sessions Judge, Patna. As regards the present petitioner, the allegation of course is that he dealt a blow with Bhujali on the head of Randhir Kumar but the attention of the Court has been drawn to the annexed copy of injury report (Annexure-4) which states that it is a lacerated wound over the scalp measuring 1½"x1/8"x1/8" simple in nature caused by hard and blunt substance. Submission further
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was that it may not be a case under Section 307 of the Indian Penal Code.
Let the Magistrate consider these aspects of the case and further consider that the injury report was not consistent with the allegation which was appearing against the present petitioner and that it could be a case for granting regular bail to the petitioner, if he surrenders in four weeks from today as has been undertaken by the learned counsel appearing on his behalf.
The petition stands disposed of with the above observation and direction.
(Dharnidhar Jha, J.)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail upon surrender considering the injury report consistency with allegations.
Jagdeo Prasad
The State of Bihar
DHARNIDHAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
