Nageshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19782 of 2015 Arising Out of PS.Case No. -393 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Nageshwar Rai Son of Late Mauji Ram Resident of Village- Naeuri Sirkhiriya, Police Station- Runni Saidepur, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Adv. For the Opposite Party/s : Mr. Nityanand(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 19-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under Sections 341, 323, 324, 325, 504, 379, 307, 34 of the Indian Penal Code and the fact that the injury on the head of the informant have been found to be substantiated in the injury report as enclosed in the case diary, this Court will not be inclined to accept the rest of the argument of the learned counsel for the petitioner that such injury report dated 5.7.2015 will not inspire confidence.

In that view of the matter, the prayer for anticipatory bail of the petitioner, namely, Nageshwar Rai is hereby rejected but, noting said in this order shall stand in the way of the petitioner in surrendering before the court below and making a

Patna High Court Cr.Misc. No.19782 of 2015 (3) dt.19-08-2015 prayer for bail which shall be decided on its own merit without being prejudiced by anything said in this order by also taking into account that there was either delay in recording of the injury report or there was some discrepancy in the injury report. (Mihir Kumar Jha, J) Rishi/- U T