Surendra Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11908 of 2017 Arising Out of PS.Case No. -579 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ====================================================== Surendra Sahni & Ors .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kishanganj P.S. Case No. 579 of 2016 registered under sections 147, 149, 341, 323, 337, 504 and 307 of the Indian Penal Code.

Allegation of informant Ashok Kumar Sharma, Head Master of residential government school Scheduled Caste, Kishanganj is that on 23.12.2016 in the evening, local people came armed with lathi, danda hockey stick and stones and attacked on the students in which act Manoranjan Kumar Ram, student of class VIII sustained grievous injury and was rushed to Kishanganj Sadar Hospital from where to M.G.K. Hospital, Kishanganj and later on he was referred to Noti hospital, Siliguri for treatment. Further allegation is that earlier on 20.12.2016 the students were assaulted by the local people.

Patna High Court Cr.Misc. No.11908 of 2017 (4) dt.09-05-2017 2/2 Learned counsel appearing on behalf of the petitioner submits that it appears from the written report of the Head Master of the school that Kishanganj P.S. Case No. 579 of 2016 was instituted on 23.12.2016 against unknown under sections 147, 149, 341, 323, 337, 504 and 307 of the Indian Penal Code. In fact, the students of the school always used to tease the girls of mohalla Naya Tola situated near the school due to that reason scuffle took place in which petitioner also sustained injury, for which Kishanganj P.S. case no. 578 of 2016 was instituted under sections 147, 149, 341, 323, 427, 354, 279 and 337 of the Indian Penal Code.

Having considered the facts and circumstances and nature of the allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected. The petitioner is directed to surrender before the court below within a period of four weeks and make prayer for regular bail which will be considered on its own merit without being prejudiced by the order of this court.

(Rajendra Kumar Mishra, J) Ravi/- U T