Pradip Kumar @ Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26925 of 2020 Arising Out of PS. Case No.-751 Year-2019 Thana- MADHAURAH District- Saran ====================================================== PRADIP KUMAR @ PRADEEP KUMAR S/o Sigar Chand Sah @ Kajari Mistri Resident of Siswa Rasulpur, P.S.-Marhowrah, Gaura O.P., DistrictSaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State. The petitioner, in the present case, is seeking prearrest bail in connection with Marhowrah Gaura O.P. P.S. Case No. 751 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that although in the First Information Report there is an allegation that this petitioner had given repeated knife blow to the injured but there is no other material to corroborate the allegations. It is further submitted that the parties knows each other and due to some land dispute the petitioner and his brother have been made accused in this case.

Patna High Court CR. MISC. No.26925 of 2020(5) dt.08-01-2021 2/2 Mr. Nirmal Kumar Sinha, learned A.P.P. for the State has gone through the case diary and has pointed out from the injury report annexed herewith that as many as three incised wounds were found by the Doctor, all were muscle deep and were bleeding profusely. Learned A.P.P. submits that there is specific allegation of repeated blow against this petitioner and he has been named by the injured.

Having regard to the facts and circumstances of the case, taking into consideration the seriousness of the allegations and the materials on the record, this court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is, thus, refused.

In case, the petitioner surrenders and prays for regular bail within a period of four weeks from today in the learned court below, his prayer for regular bail shall be considered on it's own merit without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.