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Patna High CourtCR. MISC./8337/2017rejected

Madan Sah v. The State Of Bihar

2017-04-13Mr. Justice Birendra Kumar1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8337 of 2017 Arising Out of PS.Case No. -266 Year- 2016 Thana -MANJHI District- SARAN ======================================================

1. Madan Sah, Son of Jamuna Sah, Resident of Sonbarsa, P.S.- Manjhi, District- Saran .... Petitioner

Versus

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

For the Petitioner : Mr. Ravindra Kumar Singh, Adv. For the Opposite Party : Mr. Shailendra Kumar -2, APP 61 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-04-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.

In a free-fight between the parties, petitioner allegedly caused injury at the head of the informant. The doctor has found injury on head of the informant. Submission of the petitioner is that both sides have sustained injury in the occurrence and the allegation is concocted one. There is no repetition of blow. Considering the fact that the petitioner had knowledge that his act might cause death, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail is refused.

However, the refusal of anticipatory bail would not prejudice the consideration of prayer for regular bail of the petitioner.

(Birendra Kumar, J) SA/- U √ T √