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Patna High CourtCR. MISC./12677/2016rejected

Pappu Sharma v. The State Of Bihar

2016-06-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12677 of 2016 Arising Out of PS.Case No. -77 Year- 2015 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Pappu Sharma Son of Bhaju Sharma Resident of Village-Kewala, Police Station-Hulasganj, District-Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Satyendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2016 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 307 and other allied sections of the Indian Penal Code.

The informant alleged that the petitioner assaulted his uncle Rajesh Kumar with garassa on his head. The other accused persons are also alleged to have assaulted. It is submitted that there is counter version of the occurrence and there is land dispute between the parties. Five injuries have been found on the person of Rajesh Kumar but all the injuries including the injury found on the head are caused by hard and blunt substance although the petitioner is alleged to have assaulted with Garassa. On perusal of the injury report it appears

Patna High Court Cr.Misc. No.12677 of 2016 (4) dt.24-06-2016 that one stitched wound 3" was found on the forehead extending from root of nose to left side of forehead. All the injuries appeared to be grievous in nature.

Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Hulasganj P.S. Case No. 77 of 2015 pending in the court of the learned Judicial Magistrate, 1st Class, Jehanabad. It is accordingly, rejected.

(Prabhat Kumar Jha, J) Amin/- U