Patna High CourtCR. MISC./25613/2016rejected

Bulak Sah v. The State Of Bihar

2016-08-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25613 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Bulak Sah Son of Late Saryug Sah, resident of village:- Paspura, Ward No. 17, P.S- Mufassill, District:- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2016 Heard both sides.

The petitioner apprehends his arrest in connection with Mufassil P.S. Case No. 140 of 2016 registered for the offence punishable under section 341, 323 and 307/34 of the Indian Penal Code pending in the court of the learned Chief Judicial Magistrate, Begusarai.

Informant Karambeer Sah alleged that when he went to attend the call of nature, Bulak Sah, the petitioner, and his four sons surrounded him. Petitioner Bulak Sah assaulted him with the butt of the pistol on his head and his son assaulted him with lathi.

Mr. Ram Sumiran Rai, learned counsel for the

Patna High Court Cr.Misc. No.25613 of 2016 (3) dt.18-08-2016 petitioner, submits that there is a counter version of the occurrence in Begusarai Mufassil P.S. Case No. 139 of 2016. The informant himself made further statement in which he gave altogether a different story that the younger son of the informant assaulted him with bamboo stick on his head.

On the other hand learned counsel for the informant and the learned A.P.P. opposed the prayer for grant of anticipatory bail.

From perusal of the first information report itself it appears that the petitioner is alleged to have assaulted the informant with the butt of the pistol. The doctor has found three injuries on the person of the informant out of which injury no. 1 found on head is said to be grievous.

Considering the aforesaid facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application for anticipatory bail is, accordingly, rejected.

(Prabhat Kumar Jha, J) Amin/- U