Binay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28288 of 2017 Arising Out of PS. Case No.-310 Year-2016 Thana- KHAJEKALA District- Patna ====================================================== Binay Kumar Sharma Son of Kameshwar Sharma, Resident of Mohalla- Mir Gulabi Bagh (Kelwadi), P.S.- Khajekalan, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arvind Kumar Mouar For the Opposite Party/s :

Mr. SRI AKHILESHWAR DAYAL ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-09-2017 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Khajekalan P.S. case No. 310 of 2016 registered for the offence punishable under section 307 and other sections of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that parties are next door neighbours and the dispute arose on a trivial issue of raising Chhajja. Other accused persons have been granted bail by this Court vide order contained in Annexure-3. Petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.28288 of 2017(4) dt.20-09-2017 2/2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named in the first information report and there is specific allegation against him. During investigation, witnesses have supported the prosecution case. Injury report supports the allegations levelled. Considering the nature of allegations levelled and the submissions advanced on behalf of the parties, this court does not find it to be a fit case for grant of anticipatory bail. It is, accordingly, rejected.

(Arvind Srivastava, J) mcv/- U T