Patna High CourtCR. MISC./48332/2016rejected

Kundan Kumar v. The State Of Bihar

2017-05-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48332 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -AIRPORT District- PATNA ====================================================== Kundan Kumar Son of Mithilesh Prasad Resident of Mohalla: Sekhpura (Durga Ashram), P.O: B.V. College P.S.: Shastri Nagar, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deo Raj Kumar Prasad, Adv. For the Opposite Party/s : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2017 Heard both sides.

The petitioner apprehends his arrest in Hawai Adda P.S. Case No. 88/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant alleged that while he was coming along with his friend Md. Imram, 08 to 10 persons stopped him and began to abuse the informant and assaulted him. The petitioner is also alleged to have assaulted the informant with iron rod and snatched Rs. 10,000/- from the possession of the informant.

Learned counsel for the petitioner submits that the petitioner is a student. Some quarrel took place while the petitioner and others were playing cricket. The injuries found on

Patna High Court Cr.Misc. No.48332 of 2016 (4) dt.01-05-2017 2/2 the person of the informant are simple in nature. The allegation of snatching money is ornamental, but it appears that the informant was thrashed and as many as 05 injuries were found on different parts of his body.

Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order.

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