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Patna High CourtCR. MISC./13756/2017rejected

Ijharul v. The State Of Bihar

2017-03-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13756 of 2017 Arising Out of PS.Case No. -396 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Ijharul Son of Ainuddin, resident of village - Balia Toli, Kesarra, P.S. Jokihat, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147/149/341/447/323/324/379/380/307/504/506 of the Indian Penal Code.

The petitioner allegedly caused injury at the head of the informant. There is case and counter case. The petitioner has also sustained injury on non-vital part of the body. Submission is that the head injury on the injured, which was alleged against the petitioner, was simple in nature. Considering the fact that the petitioner had knowledge that his act might cause death, I am not inclined to grant

Patna High Court Cr.Misc. No.13756 of 2017 (2) dt.24-03-2017 2/2 anticipatory bail to the petitioner in connection with Jokihat Police Station Case No. 396 of 2016, pending in the Court of learned Additional Chief Judicial Magistrate-II, Araria/Successor Court. However, in the event of surrender, the prayer for regular bail of the petitioner shall be disposed of by learned Court-below without being prejudiced by the order of this Court. Accordingly, the application stands disposed of. (Birendra Kumar, J) Mkr./- U T