Rabindra Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71100 of 2018 Arising Out of PS. Case No.-146 Year-2018 Thana- KOCHAS District- Rohtas ====================================================== Rabindra Baitha Son of Late Baliram Baitha, resident of Village- Kharej, P.S. Kargahar, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Kochas P.S. Case No. 146 of 2018 for the offence under sections 147, 148, 149, 447, 341, 323, 427, 307 and 354 of the Indian Penal Code.

Learned counsel for the petitioner submits that similarly circumstanced other co-accused have been granted anticipatory bail by the court below. He submits that nature of injury is simple and as such section 307 is not attracted in the instant case.

Having regard to the fact that there is allegation of assault, the court is not inclined to grant anticipatory bail to the petitioner. However, rejection of the application for grant of

Patna High Court Cr.Misc. No.71100 of 2018(2) dt.17-12-2018 2/2 anticipatory bail will not cause any prejudice. In the event petitioner surrender and prays for regular bail, the court below is directed to consider the nature of injury, factum of granting bail to similarly circumstanced and dispose of the application for regular bail on the same day without being influenced by the rejection of the application for anticipatory bail.

(Anil Kumar Upadhyay, J) Ravi/- U T