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Patna High CourtCR. MISC./39920/2014dismissed

Ranjay Singh v. The State Of Bihar

2015-05-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39920 of 2014 Arising Out of PS.Case No. -76 Year- 2014 Thana -SANDESH DistrictBHOJPUR ====================================================== Ranjay Singh Son of Sri Kamlesh Singh Resident of village - Dharampur, P.S. - Sandesh, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh, Adv. For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2015 Heard both sides.

The petitioner apprehends his arrest in Sandesh P.S. Case no. 76/14, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The petitioner is alleged to have assaulted Om Prakash Singh with Khanti on his head.

It is submitted that there is a case and counter case. The occurrence took place due to construction of wall. There was no evidence that the petitioner assaulted the informant with intention to kill. Many persons got injury from the side of the petitioner. The petitioner is a constable in Border Security Forces. Having considered the facts that on account of assault

Patna High Court Cr.Misc. No.39920 of 2014 (3) dt.14-05-2015 2/2 made by the petitioner with Khanti on the head of Om Prakash Singh, the informant, the informant got grievous injury, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Rakhi/- U T