Bhola Pasi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13685 of 2015 Arising Out of PS.Case No. -130 Year- 2014 Thana -MADHEPUR District- MADHUBANI ======================================================

1. Bhola Pasi Son of Late Ram Chandra Pasi

2. Kanhaiya Kumar Son of Bhola Pasi Both Residents of Village - and P.S. Madhepur District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat, Adv. For the Opposite Party/s : Mr. Abhay Kumar No. 1 (PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2015 Heard both sides.

Learned counsel for the petitioner seeks permission to withdraw the anticipatory bail petition of Petitioner no.1 Bhola Pasi, as he has already been arrested. Accordingly, the anticipatory bail petition of Petitioner no. 1 is dismissed, as has become infructuous.

Petitioner no. 2 apprehends his arrest in Madhepur P.S. Case no. 130 of 2014, registered for the offences punishable under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code. There is very specific allegation against the petitioner that he pierced sickle in the eye of the informant but the same hit

Patna High Court Cr.Misc. No.13685 of 2015 (2) dt.07-05-2015 2/2 below the eye. Bhola Pasi assaulted the informant from sickle on his neck but the same hit on the cheek.

It is submitted that there is a counter version and the injuries are simple in nature.

Considering the facts aforesaid and the fact that the petitioner assaulted with sharp edged weapon to the informant on vital part, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi/- U T