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Patna High CourtCR. MISC./20248/2015rejected

Surendra Sharma @ Gunjan Sharma @ Gunjan v. The State Of Bihar

2015-07-07Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20248 of 2015 Arising Out of PS.Case No. -212 Year- 2014 Thana -GHOSI District- JEHANABAD ====================================================== Surendra Sharma @ Gunjan Sharma @ Gunjan Son of Late Chandeshwar Sharma resident of Village - Dehuni, Police Station - Ghosi in the district of Jehanabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhanshu Shekhar For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is facing accusation punishable under section 307 IPC in Ghosi P.S. Case No. 212 of 2014 and seeks bail. The prosecution case is that the petitioner was abusing a person which was objected by the informant. Enraged thereby, he is said to have assaulted the informant on his head by Farsa. The contention of the petitioner is that the injured was treated at a private nursing home. There is no final opinion available in the case diary regarding the nature of injury. The petitioner is in custody since 12.03.2015 having no criminal antecedent.

Patna High Court Cr.Misc. No.20248 of 2015 (2) dt.07-07-2015 2/2 Learned APP, on the other hand, submitted that the informant received injury on his head of such dimension/extent which fits in the prosecution case.

Taking into account the aforesaid fact, I am not inclined to enlarge the petitioner on bail. His prayer for bail is accordingly rejected.

Considering the fact that he is in custody since 12.03.2015 and there is no criminal antecedent, I grant him liberty to renew his prayer for bail in the court below itself on expiry of five months.

(Kishore Kumar Mandal, J) HR/- U T