IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22138 of 2011
Khajan Chaudhary
Versus
The State Of Bihar
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03/ 12.10.2011 Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State.
Petitioner is in jail custody since 22.6.2011 in a case
registered under section 307 and other minor sections of the IPC.
Although, in the first information report no specific overt-
act has been attributed against the petitioner but in course of
investigation when the statement of injured Harendra Singh was
recorded by the Investigating officer, the aforesaid injured Harendra
Singh specifically stated that it was the petitioner who gave farsa
injury on his head. It appears from the injury report of the injured
Harendra Singh that he has sustained grievous injury on his head.
The submission on behalf of the petitioner is that there is
case and counter case between the parties and for the same
occurrence, on the same day, a complaint case bearing Complaint case
no. 912/2011 has been filed and furthermore, petitioner has also
sustained injury but there is no injury of the petitioner either on the
record or has been mentioned in the impugned order of the learned
Sessions Judge.
Taking into consideration the above stated facts and
circumstances as well as submissions of the parties, I do not feel it
proper to release the petitioner on bail.
Accordingly, his prayer for bail in connection with
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Gopalganj P.S. Case no. 136/2011 is, hereby, rejected.
However, the petitioner may renew his prayer for bail after
completion of nine months in custody if his trial is not concluded.
shahid (Hemant Kumar Srivastava,J)