Devendra Rai @ Devendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16915 of 2018 Arising Out of PS.Case No. -319 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Devendra Rai @ Devendra Ray, S/o Anandi Rai, Resident of VillageChakbhoj, P.O.- Chandralaya, P.S. Sadar, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Sadar (Hajipur) P.S. Case No. 319 of 2016 for the offences punishable under sections 341, 342, 323, 324, 326, 307, 379 and 34 of the I.P.C. Allegedly, in the occurrence the petitioner assaulted the complainant/informant with broken bottle on the stomach which was stopped by hand resulting injury in the right hand and also in the stomach and again the petitioner repeated blow which caused injury in the middle of the chest. Thereafter again the petitioner repeated blow which caused injury in between the

Patna High Court Cr.Misc. No.16915 of 2018 (2) dt.06-04-2018 2/2 fingers of the hand and then the nearby persons ran and saved the informant otherwise the accused persons might have killed him. Submission is of false implication and that the petitioner is laborer, some dispute has arisen for unloading the sand and for that there was some scuffle, the allegation as alleged is totally false and fabricated and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that from the impugned order it reveals that the doctor has found three injuries on the body of the informant caused by sharp penetrating substance. In the facts and circumstances stated above, considering that the petitioner allegedly has repeated the blow on the informant with broken bottle causing three injuries on the person of the informant and as such I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Hajipur.

(Jitendra Mohan Sharma, J) Abhay/- U T