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Patna High CourtCR. MISC./47939/2016rejected

Surtarang Chaudhary @ Lakhichand Chaudhary @ Sakhichand Chaudhary v. The State Of Bihar

2016-12-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47939 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Surtarang Chaudhary @ Lakhichand Chaudhary @ Sakhichand Chaudhary son of Late Bundi Chaudhary, Resident of -Giriyak, P.S. Giriyak, Distt. Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sharma For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-12-2016 Heard.

The petitioner prays for grant of anticipatory bail in connection with Giriyak P.S. Case No. 108 of 2016, registered under Sections 341, 323, 379, 307 and 504/34 of the IPC. A dispute arose over sell of watermelon between the two groups whereafter it is alleged that the petitioner along with others inflicted injuries by the means of sharp cutting weapons on the son of the informant and another person.

It is stated in the application that out of quarrel occurrence has taken place in which there is general and omnibus allegation. It is further stated that in the case at hand no grievous injury has been sustained by the two injured(s). It is further highlighted that the present accused party has also lodged a case

Patna High Court Cr.Misc. No.47939 of 2016 (2) dt.09-12-2016 2/2 against the present prosecution side in which they have been granted the privilege of anticipatory bail. The petitioner, having no criminal antecedents, deserves to be granted anticipatory bail. Mr. Dayal, on the other hand, points out that injured(s) received injuries caused by sharp cutting weapons on vital parts which corroborate the prosecution case. Be that as it may, considering the allegations and other materials reflected from the records, I am not persuaded to extend him the privilege of anticipatory bail. Prayer is, accordingly, rejected.

Let the petitioner surrender and pray for bail bringing to the notice of the Court below all the relevant facts in support of the claim for grant of bail which shall be considered and disposed of on its own merit unprejudiced by the present order. (Kishore Kumar Mandal, J) Shyam/- U T