Ajay Kumar Nirala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2799 of 2016 Arising Out of PS.Case No. -274 Year- 2014 Thana -DHANARUA District- PATNA ====================================================== Ajay Kumar Nirala, S/o- Sidheshwar Prasad, .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Smt. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-01-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341/504/307/328/34 of the Indian Penal Code.
Prosecution case is that the petitioner caught hold of the informant when co-accused Vinay Kumar put poisonous powder in his mouth.
It is submitted by learned counsel for the petitioner that medical report does not suggest any resisting injuries and there is counter version of the occurrence. Moreover, the thrust of accusation is against co-accused Vinay Kumar. It is submitted by learned counsel for the informant that the petitioner not only caught hold the informant's hand to
Patna High Court Cr.Misc. No.2799 of 2016 (2) dt.25-01-2016 2/2 facilitate to put poisonous powder in the mouth of the informant but also pushed the informant on the earth. Moreover, on conclusion of investigation the charge-sheet was submitted against the petitioner also under section 307,328,341,504/34 of the Indian Penal Code.
Considering the thrust of accusation against coaccused Vinay Kumar, it is case for consideration of prayer for regular bail.
Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Dhanarua P.S. Case No.274/2014, pending before the learned Judicial Magistrate, 1st Class, Masaurhi, Patna.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T