Patna High CourtCR. MISC./47836/2014rejected

Bhola Singh @ Bhola Prasad Singh v. The State Of Bihar

2015-08-24Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47836 of 2014 Arising Out of PS.Case No. -366 Year- 2014 Thana -NAWADA District- NAWADA ======================================================

1. Bhola Singh @ Bhola Prasad Singh Son of Late Yamuna Singh resident of village- Chiraiya, P.S.- Warsaliganj, District- Nawadah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-08-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in Nawada Town P.S. Case No. 366 of 2014 registered under sections 384, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel fore the petitioner submits that though there is allegation that the petitioner was present at the place of occurrence where the alleged Rangdari incident took place, there is no specific role attached to the petitioner and his name has been brought only because there were a dispute between the petitioner and the informant side regarding construction of portico over the land of the petitioner.

Patna High Court Cr.Misc. No.47836 of 2014 (3) dt.24-08-2015 2/2 Learned counsel for the informant however, submits that petitioner was very much present at the place of occurrence and on his order the petitioner's son fired at the informant which alleged to have caused chest injury and he was treated at P.M.C.H. It is further submitted by the learned counsel for the petitioner that the petitioner having criminal history, does not deserve to be enlarged on anticipatory bail. Considering the fact and the injury alleged to have been caused to be informant and also the fact that the petitioner has criminal antecedent of similar nature, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. However, if the petitioner surrenders before the court below within a period of three weeks, the case of the petitioner may be considered without being prejudiced by the order of this court.

(Anjana Mishra, J) M.Rahman/- U T