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Patna High CourtCR. MISC./17189/2021disposed

Ram Dayal Giri v. The State Of Bihar

2022-04-12Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17189 of 2021 Arising Out of PS. Case No.-7 Year-2017 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== 1.

Ram Dayal Giri Son of Tarani Giri @ Tara Kant Giri Resident of Village - Vidyapati Nagar, P.S.- Vidyapati Nagar, Dist.- Samastipur. 2.

Ranjay Giri Son of Umesh Giri Resident of Village - Vidyapati Nagar, P.S.- Vidyapati Nagar, Dist.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1, Adv.

For the State :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-04-2022 Heard Mr. Mukesh Kumar No.1, learned advocate for the petitioners and Md. Aslam Ansari, learned Additional Public Prosecutor representing the State.

The petitioners seek bail in anticipation of their arrest in connection with Vidyapati Nagar P.S. Case No. 07 of 2017 dated 23.01.2017 instituted for the offences under Sections 147, 148, 149, 341, 342, 324, 323, 307, 427, 379, 504, 337 of the Indian Penal Code.

The petitioner no.1 is said to have assaulted the Informant on his head along with one Durga.

The Informant is said to have received two grievous injuries which could be attributed to the petitioner no.1 also. Considering this aspect of the matter, I am not inclined to grant anticipatory bail to him.

Patna High Court CR. MISC. No.17189 of 2021(3) dt.12-04-2022 2/2 Accordingly, the provisional bail granted to the petitioner no.1 vide order dated 07.03.2022 is hereby recalled and his application for anticipatory bail is rejected against him. Should he surrender before the court below and seek bail, his application shall be considered on its own merit without being prejudiced by the fact that the present petition on his behalf has not been entertained finally.

So far as petitioner no.2 is concerned, he is said to have assaulted one Manish, who has received only simple injury.

The occurrence arose over a dispute when a game of cricket was being played.

There is a counter version of the occurrence also. Considering these aspects of the matter, the provisional bail granted to the petitioner no.2 by order dated 07.03.2022 is hereby confirmed.

He shall remain on the same bail bonds.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J) rishi/- U T