Rajan Giri @ Ranjan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4888 of 2020 Arising Out of PS. Case No.-61 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== Rajan Giri @ Ranjan Giri ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Imamganj P.S. Case No. 61 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

There is specific allegation against the petitioner that he gave rod blow causing head injury to the informant. Submission on behalf of the petitioner is that the alleged occurrence is said to have taken place on 21.03.2019 but the fardbeyan of the informant was recorded on 28.03.2019 and formal F.I.R was drawn up on 04.05.2019 and no explanation of the aforesaid delay was given by the prosecution. He further submits that as a matter of fact, no such occurrence, as alleged

Patna High Court CR. MISC. No.4888 of 2020(2) dt.29-02-2020 2/2 in F.I.R, did ever take place and when the informant realized his fault, he entered into compromise.

Taking into consideration the above stated facts and circumstances as well as submission of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner and, accordingly, his prayer for bail in connection with Imamganj P.S.Case No. 61 of 2019, pending in the court of learned 1st J.M, Sherghati, Gaya stands rejected. However, the petitioner is directed to surrender before the court below within six weeks from today and, if petitioner does so and seeks regular bail, the concerned court shall consider the regular bail application of the petitioner on the day of his surrender on its own merit without being prejudiced by this rejection order, particularly keeping in mind the nature of injury said to be sustained by the informant. (Hemant Kumar Srivastava, J) N.K/- U T