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Patna High CourtCR. MISC./18132/2017rejected

Hari Prasad v. The State Of Bihar

2017-06-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18132 of 2017 Arising Out of PS.Case No. -57 Year- 2014 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Hari Prasad S/o Shri Dular Prasad Resident of Baluwa, Bhagat Tola, P.S.- Paharpur, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar, Adv. For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Paharpur P.S. Case No. 57 of 2014 registered for offences under sections 341, 323, 324, 326, 307, 147, 148, 149, 427 and 429 of the Indian Penal Code.

The petitioner is said to have given Farsa blow on the head of the informant inflicting heading injury to him. It is submitted by the learned counsel for the petitioner that the petitioner is quite innocent and has falsely been implicated in the present case and it is counter blast of Paharpur P.S. Case No. 54 of 2014. It is further submitted that other co-

Patna High Court Cr.Misc. No.18132 of 2017 (3) dt.21-06-2017 2/2 accused persons, namely, Baliram Mahto and Bachan Das have already been granted bail by different co-ordinate Benches of this Court in Cr. Misc. No. 21306 of 2015 and Cr. Misc. No. 11731 of 2017. Learned counsel for the petitioner frankly submitted that the injury of the victim found by the Doctor is grievous in nature. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of petitioner is rejected. However, the petitioner may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and seek regular bail. The court below is directed to dispose of the bail application of the petitioner in accordance with law on the same day, without being prejudiced by this order.

(Prakash Chandra Jaiswal, J) Mahesh/- U T