Nand Lal Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48227 of 2015 Arising Out of PS.Case No. -94 Year- 2015 Thana -KHANPUR District- SAMASTIPUR ======================================================
1. Nand Lal Rai S/o - Late Aruni Rai @ Late Haruni Rai R/V - Abhi Bishanpur, P.S. - Khanpur, District - Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 341/323/324/307/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that there being no repetition on close, the petitioner may be extended the interim benefit of pre-arrest.
Learned counsel appearing on behalf of the informant however, submits that the petitioner with deliberate intention has hit the informant on the eye with a Frasa resulting in a sharp-cut in his eye which has resulted in loss of vision. The injury report which has been produced is indicative of the fact that there is a
Patna High Court Cr.Misc. No.48227 of 2015 (2) dt.18-01-2016 P2/2 grievous injury in eye of the informant.
In view of the aforementioned facts and circumstances and the nature of injury, I am not inclined to grant bail to the petitioner in connection with Khanpur P.S. Case No. 94 of 2015 and his prayer for bail stands rejected.
The Court below is directed to consider the case on its own merit without being prejudiced by the present order. (Anjana Mishra, J) Saif/- U T