Pandav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31563 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- SHAHKUND District- Bhagalpur ====================================================== PANDAV KUMAR S/o Upendra Singh R/o Village- Jagarnathpur, P.S.- Shahkund (Sajour), Dist- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner prays for grant of anticipatory bail in Shahkund (Sajour) P.S. Case No. 108/2020 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

In this case, the wife who was with the injured in the hospital has given statement that this petitioner and others were involved in assaulting the deceased who died subsequently. The post-mortem report shows that the deceased has sustained a number of injuries.

Anticipatory bail in the cases under Section 302 of the Indian Penal Code cannot be granted merely for asking. They can only be granted in a case of murder in exceptional circumstances.

Patna High Court CR. MISC. No.31563 of 2021(2) dt.08-02-2022 2/2 In the opinion of this court, this is not a fit case for grant of anticipatory bail.

It is, accordingly, dismissed.

(Sandeep Kumar, J) Saif/- U T