Patna High CourtCR. MISC./8841/2019bail rejected

Jugeshwar Rai v. The State Of Bihar

2019-09-30Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8841 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- LAUKAHI District- Madhubani ====================================================== JUGESHWAR RAI Son of- Bhag Narayan Rai Resident of village-Jhitakia, P.S.-Laukahi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-09-2019 The petitioner apprehends his arrest in connection with Laukahi P. S. Case No. 118 of 2018 registered under Sections 147,148,149,307,323,324,341 and 504 of the Indian Penal Code. Allegation against the petitioner is that he assaulted one Pintu Singh by means of rod causing injury on his head. Learned counsel appearing on behalf of the petitioner submits that side of the informant demanded Rangadari from the petitioner which was refused by the petitioner and others and upon which, side of the prosecution came and assaulted the side of the petitioner for which Laukahi P.S.Case No. 97 of 2018 has been lodged by the petitioner's side. Learned counsel further submits that there is case and counter case in between the parties and case lodged by the side of the petitioner is prior in time inasmuch as the case lodged by the prosecution is delayed by two days.

Patna High Court CR. MISC. No.8841 of 2019(4) dt.30-09-2019 2/2 Having regard to the submissions made by the parties and taking into consideration the fact that there is specific allegation of assault against the petitioner of assaulting one Pintu Singh by mean of iron rod on his head causing grievous injury to him and further there is justification of lodging formal FIR after two days inasmuch as fardbeyan of the informant was recorded by the police in hospital on 15.06.2018, as such I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Anil Kumar Sinha, J) sujit/- U T