Premchand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19662 of 2021 Arising Out of PS. Case No.-73 Year-2020 Thana- SAKURABAD District- Jehanabad ====================================================== Premchand Kumar Son Of Late Chandeshwar Singh R/O Vill- Badhauna, Post- Sakurabad, P.S- Sakurabad, Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 353, 379, 504, 34 of the Indian Penal Code.

It is alleged that this petitioner being Pramukh

Patna High Court CR. MISC. No.19662 of 2021(2) dt.16-12-2021 2/3 of Ratni Prakhand called the informant being Panchayat Secretary and started abusing the informant. He, thereafter started assaulting the informant along with co-accused Yogendra Mishra and Baijnath Kumar. The petitioner assaulted with a lead-glass on the head of the informant, as a result of which, he sustained head injuries. He also torn the official documents after snatching it from the informant.

It is submitted by learned counsel for the petitioner that there is counter version of the occurrence also and the injury sustained by the informant is simple in nature.

Learned A.P.P. strongly opposed the bail petition of the petitioner and stated that it is a case of assault against a public servant who was doing his duties as Panchayat Secretary. Moreover, the petitioner is accused in six other cases.

Considering the aforestated facts and the criminal antecedents of the petitioner, this Court is not

Patna High Court CR. MISC. No.19662 of 2021(2) dt.16-12-2021 3/3 inclined to grant privilege of anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected. Let learned Court below consider the prayer for bail of the petitioner without being prejudiced by the order of this Court, if the petitioner surrenders within a period of six weeks and pray for regular bail. (Sunil Kumar Panwar, J) Shageer/- U T