Patna High CourtCR. MISC./7122/2017rejected

Ashok Sah @ Ashok Kumar v. The State Of Bihar

2017-03-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7122 of 2017 Arising Out of PS.Case No. -114 Year- 2015 Thana -BARGANIA District- SITAMARHI ====================================================== Ashok Sah @ Ashok Kumar, Son of late Jai Mangal Sah, Residents of Village Pachtakki Yadu, Police Station- Bairgania, District- Sitamari. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2017 Heard both sides.

The petitioner apprehends his arrest in Bairganiya P.S. Case No. 114/2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The allegation against the petitioner is that the petitioner assaulted the informant with knife on his head. Learned counsel for the petitioner submits that there is land dispute between the parties. The police after investigation submitted charge-sheet under Section 324 and other Sections of the Indian Penal Code, but the learned court below took cognizance under Section 307 and other Sections of the Indian Penal Code. The injury found on the head of the informant is simple in nature, but it appears that it was the petitioner who

Patna High Court Cr.Misc. No.7122 of 2017 (3) dt.08-03-2017 2/2 assaulted the informant with knife on his head and one corresponding injury i.e. incised wound in left side parietal skull was found.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders before the court below within four weeks from the date of receipt/production of a copy of this order and prays for regular bail, his prayer shall be considered taking into consideration that the injury inflicted by the petitioner is opined to be simple in nature.

(Prabhat Kumar Jha, J.) Rakhi U T