Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12660 of 2016 Arising Out of PS.Case No. -265 Year- 2015 Thana -PUNPUN District- PATNA ====================================================== Deepak Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 147,148,149,323,307,504,448,379,354,337,427 and 506 of the Indian Penal Code.

The prosecution case is that on 14.11.2015 the informant along with co villagers went for immersing the idol of goddess Laxmi when eight FIR named accused and 10-15 others came when the petitioner assaulted the informant with iron rod and others assaulted with fists and slaps. It is further alleged that co accused Jai Prakash Kumar assaulted Chandan Kumar, Akhilesh Kumar and Dhananjay Kumar. The mobile and chain of the informant were snatched, the accused misbehaved with ladies and the

Patna High Court Cr.Misc. No.12660 of 2016 (2) dt.18-03-2016 2/2 damage was caused to motorcycle.

It is submitted by the learned counsel for the petitioner that though there is specific accusation of assault against the petitioner but others also made assault. Initial injury report suggests that the injury of the informant is grievous but the discharge ticket of PMCH with regard to the informant does not suggest any grievous injury. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that there is no accusation of repeating the blow.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Punpun P.S. Case No. 265 of 2015 pending in the court of learned JM ist Class, Masaurhi, Patna. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T