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2021 Supreme(Pat) 381

AHSANUDDIN AMANULLAH
Ravi Ranjan Ojha – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Anil Kumar Roy, Advocate, Rajeev Nayan, Advocate

JUDGMENT

Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner on 07.07.2021, which was allowed.

3. Heard Mr. Anil Kumar Roy, learned counsel for the petitioner and Mr. Rajeev Nayan, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with Simri PS Case No. 314 of 2020 dated 12.10.2020, instituted under Sections 341, 323, 324, 357, 338, 307, 504 and 506/34 of the Indian Penal Code.

5. The allegation against the petitioner and others is of assault on the informant and another person. However, specifically against the petitioner is of assault by sword on the head causing injury.

6. Learned counsel for the petitioner submitted that the parties are agnates and there is land dispute between them. It was submitted that on the said date, there was fight between both the sides for which there is also a counter case from the side of the petitioner. Learned counsel submitted that though in the FIR, there is specific allegation of assault by sword on the head, but in the injur

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