Bhanu Singh @ Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10161 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -SAHKUND District- BHAGALPUR ======================================================
1. Bhanu Singh @ Pawan Kumar Son of Ghanshyam Singh Resident of Village- Chandpur P.S Sajour District Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2016 Heard both sides.
The petitioner apprehends his arrest in a case under Section 147, 148, 149, 323, 307, 333, 379, 353, 427, 504 and 506 of the Indian Penal Code.
The informant, Mining Development Officer, Bhagalpur got secret information that sand was being loaded illegally he went there then the petitioner and others begun to abuse the informant and assaulted him.
The learned counsel for the petitioner submits that the petitioner is not the assailant of the informant and no specific allegation of assault is made against the petitioner. It is further submitted that during the course of investigation it has come that Bhopal Singh @ Bhupal Prasad Singh assaulted the informant but
Patna High Court Cr.Misc. No.10161 of 2016 (3) dt.21-06-2016 2/2 from perusal of the FIR itself, it appears that same and similar allegation is made against all the accused persons including the petitioner and prayer for anticipatory bail of co-accused Bhopal Singh @ Bhupal has already been rejected vide order passed in Cr. Misc. No. 52818 of 2015.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
If the petitioner surrenders in the court below, i.e., learned S.D.J.M., Bhagalpur in Sahkund (Sajour) P.S. case No. 57 of 2015, and pray for regular bail, the learned court below shall consider the bail petition of the petitioner taking into consideration that other accused persons have already been granted regular bail. (Prabhat Kumar Jha, J) BKS/- U T