Patna High CourtCR. MISC./4321/2017disposed

Manoj Kumar v. The State Of Bihar

2017-02-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4321 of 2017 Arising Out of PS.Case No. -181 Year- 2016 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Manoj Kumar S/o Ram Das Ram, R/O Village-Murautpur, P.S.-Desari, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2017 The petitioner is apprehending his arrest in connection with Desari P.S. Case No. 181 of 2016, registered for offences punishable under Sections 147, 148, 149, 323, 324, 325, 326, 341, 342, 379, 427, 447 & 407 of the Indian Penal Code. It has been submitted on behalf of the petitioner that only general and omnibus allegation has been levelled against the petitioner and no specific overt act has been attributed to him and the allegation that the petitioner assaulted the informant by means of Garasa, causing four injuries however, two injuries on the person of the informant was found to be simple in nature and as regards other two injuries the opinion was kept reserved. Heard learned A.P.P. also.

Having heard both sides, considering the fact that there is

Patna High Court Cr.Misc. No.4321 of 2017 (2) dt.13-02-2017 2/2 direct allegation of assaulting the informant on his head against this petitioner causing four injures to the informant, for which he was referred to Patna Medical College and Hospital, where two injuries were found to be simple in nature and about other two injuries, the opinion was kept reserved.

In such view of the matter, I am not inclined to grant the petitioner, the privilege of anticipatory bail, it is accordingly rejected.

However, if the petitioner surrenders before the Court below and pray for regular bail, his application shall be considered by the court below on its own merit, without being prejudiced by the order of this Court.

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