Kapil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19726 of 2016 Arising Out of PS.Case No. -190 Year- 2014 Thana -CHANDAULI District- GAYA ======================================================

1. Kapil Paswan Son of Late Bhola Paswan Resident of village - Kandi, Police Station Chandauti, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2017 Heard learned counsels for the petitioner and the State. The petitioner has renewed the prayer for anticipatory bail in a case registered for the offences punishable under Sections 147,149,323,324,307 and 504 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the prayer is being renewed on the ground that the petitioner alleged to have caused injury with garasa on the head of the informant whereas the final injury report as contained in Annexure 4 reflects the injury to be grievous but caused by hard and blunt substance which contradicts the accusation against the petitioner. It is further submitted that the petitioner is a government servant. Since the earlier anticipatory bail application of the petitioner was disposed of vide order dated 24.6.2015 passed in

Patna High Court Cr.Misc. No.19726 of 2016 (2) dt.22-02-2017 2/2 Cr. Misc. No. 21952 of 2015 and the prayer has been renewed after more than one year, this court is not inclined to revise the earlier order.

It is further submitted by learned counsel for the petitioner that earlier anticipatory bail application of the petitioner was disposed when submission was made that there is no accusation of repeating the blow, the injury is simple and statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent but in view of the injury report as contained in Annexure 4, which prima facie, does not support the accusation levelled against the petitioner, it is a case for consideration of the prayer of the petitioner for regular bail by the learned court below in case the petitioner surrenders within six weeks from today and pray for bail in connection with chandauti P.S. Case No. 190 of 2014 pending in the court of learned SDJM, Gaya.

With the aforesaid observation/direction, this application stands disposed of.

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