Dilip Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : For the Informant : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr. Ashok Kumar Kashyap, Advocate Md. Matloob Rab, APP Mr. Sudish Kumar, Advocate 2 22-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State duly assisted by learned counsel for the informant.

The accused/petitioners are named in the FIR and apprehending their arrest in connection with Barh P.S. Case No.389 of 2023 registered under Sections 147, 149, 341, 323, 354, 379, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is to assault the informant and other family members by using butt of rifle, Patna High Court CR. MISC. No.9187 of 2024(2) dt.22-02-2024 lathi, rod etc. causing head and bodily injuries, having intention to cause their death, where occurrence arises out of land dispute.

It is submitted by learned counsel that the occurrence is free fight in nature, where both parties have received injuries and for same set of occurrence, a case was also registered by petitioners’ side against the informant, which has been registered as Barh P.S. Case No.387 of 2023. It is submitted that occurrence arises out of land dispute. Learned counsel pointed out that informant received injuries on non-vital part i.e. her hand, which caused a fracture injury and for that reason, it was shown as grievous. It is submitted that it is well settled position of law that merely on the nature of injury, a case cannot be said to be made out under Section 307 of the Indian Penal Code. In support of his submission, learned counsel relied upon the legal report of Hon’ble Supreme Court rendered in the case of Jage Ram vs. State of Haryana [(2015) 11 SCC 366].

Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail.

In view of aforesaid factual submission and by taking note of fact as alleged occurrence is free fight in nature, where grievous injury appears on the non-vital part of informant, accordingly, the petitioners, above-named, are Patna High Court CR. MISC. No.9187 of 2024(2) dt.22-02-2024 directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Barh, Patna in connection with Barh P.S. Case No.389 of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T