Bheem Kumar @ Bheem Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22073 of 2016 Arising Out of PS.Case No. -298 Year- 2016 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Bheem Kumar @ Bheem Kumar Yadav S/o Kamlesh Kumar Singh resident of village - Lashari, P.S. Agiaon ( Garhani ), District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. O.P. Pandey For the Opposite Party/s : Mr. Indu Kumari Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-07-2016 Heard Sri Om Prakash Pandey, the learned counsel for the petitioner and the learned Additional Public Prosecutor. The petitioner apprehends his arrest in Ara Nawada P.S. case No. 298 of 2016 under Section 307 and others sections of the Indian Penal Code and under section 27 of the Arms Act. The body guard of S.D.O. is informant of the case. The informant alleged that while he was on duty on main gate the petitioner came on Bullet motor cycle and when the informant stopped him the petitioner brutally assaulted the informant and blood started oozing out from his nose.

The learned counsel for the petitioner submits that no offence under section 307 of the IPC is made out. The petitioner was a candidate and the informant illegally confined him that is

Patna High Court Cr.Misc. No.22073 of 2016 (3) dt.22-07-2016 2/2 why this false case has been lodged.

Taking into consideration that informant was on duty in the office of S.D.O. and the petitioner brutally assaulted him only because the informant asked him to stop, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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