Bigan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28412 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- DELHA District- Gaya ====================================================== BIGAN CHOUDHARY Son of Late Ganauri Choudhary Resident of Mohalla - Delha Malgodam, P.S.- Delha, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2019 Heard both sides.

The petitioner apprehends his arrest in Delha P.S. Case No.238 of 2018 registered under Sections 341, 323, 337, 338, 354, 504, 509/34 Indian Penal Code and Section 37(2) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that prayer for anticipatory bail of the petitioner was earlier rejected on 21.12.2018 passed in Cr. Misc. No.75984 of 2018 but the petitioner again moved for grant of anticipatory bail on fresh ground that the case has been compromised and the injury found is simple in nature. The petitioner is aged about 75 years but it appears that petitioner was alleged to assault sister-in-law of informant because she demanded price of gutka. Taking into consideration the facts aforesaid, I do not

Patna High Court CR. MISC. No.28412 of 2019(2) dt.17-07-2019 2/2 find the case proper for grant of anticipatory bail. Accordingly, once again the prayer for anticipatory bail of the petitioner is rejected.

If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration the fact that case is compromised and injury found is simple in nature. (Prabhat Kumar Jha, J) Saurabh/- U T