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Patna High CourtCR. MISC./731/2019dismissed

Motilal Sah v. The State Of Bihar

2019-03-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.731 of 2019 Arising Out of PS. Case No.-5 Year-2017 Thana- MAINATAND District- West Champaran ====================================================== Motilal Sah son of Chhotelal Sah Resident of village- Pipra Santpur, P.S.- Mainatand, District - West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Smt. Sahin Begam, APP For the Informant :

Mr. Sanjay Kumar No.7, Adv.

Mr. Anand Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-03-2019 This is an application for grant of anticipatory bail in connection with Mainatand P.S. Case No. 05 of 2017, disclosing offences under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of assault to the son of the informant on his head by Garasa.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and there is land dispute between the parties.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner stating that the injury found on the head is grievous in nature, which will appear from the injury report.

Patna High Court CR. MISC. No.731 of 2019(4) dt.25-03-2019 2/2 Having heard both sides, in view of the facts and circumstances of the case and nature of injury, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Amjad/- U T