Chandrama Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.22798 of 2015 (2) dt.09-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22798 of 2015 Arising Out of PS.Case No. -170 Year- 2014 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Chandrama Sah son of Ishwar Sah Resident of village- Khajuhati, P.S.- Baikunthpur, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Baikunthpur P. S. case no. 170/2014 registered under sections 307 and other allied sections of the Indian Penal Code. Petitioner is said to have given Dabiya blow on the head of the informant.

Although injury is said to be simple in nature but it appears that doctor did not give his opinion as no x-ray report was produced before the doctor.

Considering the facts and circumstances as well as submissions of the parties, I do not feel it proper to extend the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with the above stated Baikunthpur P. S. case no. 170/2014 pending in the court of Sri R.K.

Patna High Court Cr.Misc. No.22798 of 2015 (2) dt.09-07-2015 Tripathi, Judicial Magistrate, Ist Class, Gopalganj/concerned court stands rejected.

However, if the petitioner surrenders and seeks regular bail within four weeks from today, the concerned court shall give same treatment to the petitioner which was given to other co-accused of this case.

shahid (Hemant Kumar Srivastava,J) U