Patna High CourtCR. MISC./10247/2017disposed

Ankit Thakur v. The State Of Bihar

2017-03-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10247 of 2017 Arising Out of PS.Case No. -195 Year- 2016 Thana -BANKA District- BANKA ====================================================== Ankit Thakur, S/o Shashikant Thakur, Resident of Village-Bhatkundi, P.S.Banka, District banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard the parties.

This application is for grant of bail in connection with Banka P.S.Case No.195 of 2016 for the offence under Sections 341, 323, 325, 379, 308 and 504/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that there is a case and counter case between the parties and the persons from the informant side have also received injures. It is alleged that the petitioner has assaulted by 'Rod' on the head and the injuries are said to be grievous in nature, however the scuffle took place on the petty issue and there was no intention to assault as there is no repetition of assault by the petitioner. The petitioner has remained in custody for about 2 1⁄2 months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.10247 of 2017 (2) dt.20-03-2017 2/2 Having heard both sides and in view of the fact that the injuries are grievous in nature, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner may renew his prayer for bail after framing of charges before the learned court below itself, who will consider the period of custody of the petitioner as well as the fact that there is no repetition of blow by the petitioner and he will pass appropriate order without being prejudiced by the order of this Court. Learned court below is also directed to expedite the commitment process.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T