Patna High CourtCR. MISC./29559/2015dismissed

Ghutar Paswan v. The State Of Bihar

2015-07-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29559 of 2015 Arising out of PS.Case No. -755 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Ghutar Paswan, Son of Panchu Paswan, resident of village- Pokharia, P.S.- Town District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Yogesh Kumar, Advocate. For the Opposite Party : Mr. Kalayan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 The petitioner is apprehending his arrest in connection with Town (Begusarai) P.S. Case No. 755/2014 for the offences instituted under Sections 341, 323, 324, 504, 307 and 379/34 of the IPC.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 13.12.2014 at about 4.00 P.M., while the informant was going to meet his cousin two boys including the petitioner came, abused and assaulted the informant, Ricki Paswan assaulted with Ustura and this petitioner assaulted with iron rod on the head of the informant as a result of which bleeding was started from his head. This petitioner also snatched the electricity bill and Rs. 20,000/- from the informant.

Patna High Court Cr.Misc. No.29559 of 2015 (2) dt.29-07-2015 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The alleged occurrence is said to have taken place due to a petty dispute while the children were playing the Cricket match. It has been submitted that the injury caused by this petitioner is said to be simple in nature. On behalf of the State it has been submitted that there is specific allegation of assault by this petitioner on the head. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in Town (Begusarai) P.S. Case No. 755/2014, pending in the court of the learned C.J.M., Begusarai. Anyhow, if the petitioner surrenders in the court below within a period of four weeks the same shall be considered on its own merit without being prejudiced by this order taking into account that the injury caused by this petitioner is simple in nature.

U.K./- (Sudhir Singh, J) U T