Krishna Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40071 of 2015 Arising Out of PS.Case No. -84 Year- 2014 Thana -SIGORI District- PATNA ====================================================== Krishna Chauhan Son of Sri Rameshwar Chauhan R/o village - Noriyachak, P.S. Sigori, Distt. - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Shekhar, Advocate. For the Opposite Party/s : Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-09-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under Sections 307 as well as 147, 148, 323, 341, 379 and 504 of Indian Penal Code and that there is direct allegation against the petitioner of causing injury on the head of the informant and that such injury has been also found to be substantiated in the C.T.Scan report, this Court is not inclined to grant privilege of anticipatory bail to the petitioner either on the ground of alleged delay in lodging of the FIR or the C.T. Scan report being not part of the police investigation.

Admittedly, the petitioner was named in the FIR which was lodged in the Patna Medical College and Hospital and whatever injury report has been recorded either by way of finding from the C.T. Scan report or injury report, they are part and parcel

Patna High Court Cr.Misc. No.40071 of 2015 (2) dt.30-09-2015 2/2 of the investigation of the police and its evidentiary value can be examined only in course of trial.

Thus, for the reasons indicated above, this Court is not inclined to grant privilege of anticipatory bail to the petitioner and his such prayer is, accordingly, rejected.

Nothing said in this order however shall come in the way of the petitioner in surrendering and making prayer for regular bail.

(Mihir Kumar Jha, J) Sujit/- U