Baidyanath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16457 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -BELA District- SITAMARHI ======================================================

1. Baidyanath Sah Son of Late Fauzdar Sah R/o Village Vishnupur, P.S. Bela, District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. R.S. Chaudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Section 341, 323, 324, 504, 506, 379/34 of the Indian Penal Code. The informant alleged that petitioner along with two other accused persons brutally assaulted him and when his two sons came to save the accused persons also assaulted them. Learned counsel for the petitioner submits that petitioner is uncle of co-accused, Ashok Kumar Gupta, who has already been granted anticipatory bail vide order passed in Cr. Misc. No. 57386 of 2015.

It appears that the informant alleged that he was also assaulted by the petitioner and others and when his sons came to rescue they were also brutally assaulted by the petitioner and

Patna High Court Cr.Misc. No.16457 of 2016 (2) dt.16-05-2016 2/2 others and one of the sons of informant, Amit Kumar Gupta, got fracture injury in his hand. It also appears that anticipatory bail petition of Vishwanath Sah, one of the co-accused, was rejected vide order passed in Cr. Misc. No. 14132 of 2016 thereafter another accused was granted anticipatory bail. Considering the fact that petitioner also assaulted the informant and his two sons with Lathi, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender in the court below, i.e., Sri Kumar Dhirendra Rajaji, learned Judicial Magistrate, 1st class, Sitamarhi in Bela P.S. case No. 153/2015, and the court below shall consider the prayer for regular bail and dispose of the same, preferably, on the same day taking into consideration that co-accused Ashok Kumar Gupta has been granted anticipatory bail by this court and co-accused Vishwanath Sah has been granted bail by the court below itself, without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) BKS/- U T