Nanki Kumar @ Chandrashekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16876 of 2017 Arising Out of PS.Case No. -384 Year- 2015 Thana -DIGHA District- PATNA ====================================================== Nanki Kumar @ Chandrashekhar Kumar, son of Surendra Prasad @ Surendra Rai, resident of Akhara Road, Yaduvanshi Nagar, Digha Bagicha, Police Station- Digha, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv. For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Digha P.S. Case No. 384 of 2015, registered for offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 385 of the Indian Penal Code.

The allegation against the petitioner is of assault by the butt portion of the Katta on the head of the informant. It has been submitted on behalf of the petitioner that the injury report shows injuries caused by the iron rod and further more, the petitioner is an employee of the BSF and the other accused persons have been granted anticipatory bail by this Court which is evident from Annexures 2 and 3 to the bail application.

Heard learned A.P.P. who has opposed the prayer

Patna High Court Cr.Misc. No.16876 of 2017 (2) dt.20-04-2017 2/2 for bail of the petitioner stating that the case of the petitioner is different from the other co-accused persons who have been granted anticipatory bail by this Court.

Having heard both sides and in view of the allegations, I am not inclined to grant anticipatory bail to the petitioner. Let the petitioner surrender and make prayer for regular bail before the learned court below which will be considered on the basis of submissions, as stated above, as also on the basis of injury report and disposed of, if possible, on the same day by the Court below.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) S.Pandey/- U T