Patna High CourtCR. MISC./20515/2019bail rejected

Dhanik Bind v. The State Of Bihar

2019-07-25Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20515 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- SAMHO District- Begusarai ====================================================== Dhanik Bind Son of Late Jango Bind, Resident of Village-Akaha Kuraha, P.SShamho, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-07-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Shamho P.S. Case No.30 of 2018 registered for the offence under Sections 448, 147, 148, 341, 342, 323, 324, 307, 354, 379, 506 and 504 of the I.P.C. and Section 27 of the Arms Act.

Accusation is that in the morning at 9 A.M.on 16.07.2018 six persons including the petitioner having variously armed with weapons entered in the house of the informant Vimla Devi and the petitioner gave a farsa blow on the informant causing injury on her head. When her son Chhotu Bind rushed he was also assaulted with farsa causing injury on the head and others also started beating other family members. At that time the petitioner and Sukhdeo Bind fired from their pistol then on hearing sound of firing other neighbouring people rushed.

Patna High Court CR. MISC. No.20515 of 2019(4) dt.25-07-2019 2/2 Submission of the learned counsel for the petitioner is that the occurrence took place in which petitioner's side also sustained injuries regarding which Khalti Devi, wife of the petitioner, lodged a complaint Case No.1030 (c ) of 2018 before the Chief Judicial Magistrate, Begusarai, which is pending for disposal. Learned A.P.P. opposed the prayer for bail of the petitioner on the ground that four injuries have been found on the person of the informant Vimla Devi in which injury no. 1 is grievous in nature. Having considered the facts and circumstances of the case and nature of allegation I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail is rejected. However, petitioner is directed to surrender before the court below and pray for regular bail which will be considered on its own merit without being prejudiced by this order. (Rajendra Kumar Mishra, J) aks/- U