Md. Shahbaz @ Saijub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40730 of 2017 Arising Out of PS.Case No. -150 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Md. Shahbaz @ Saijub, S/o Late Md. Salim, Resident of VillageDhaiharna, P.S.- Rajaun, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the State : Mr. Bal Mukund Prasad Sinha For the Informant : Mr. Shubhesh Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned counsel for the State as well the informant.

The petitioner seeks anticipatory bail in Rajaun P.S. Case No.150 of 2017 instituted for the offences under Sections 147, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. Petitioner and informant are neighbors. During rainy season for some dispute they have entered into scuffle. Allegation has been made against the petitioner to have caused injury by Khanti blow on the head of the informant. Learned counsel for the petitioner submits that nature of injury is not such that it can be a case of Section 307 of the Indian Penal Code. So much so the Doctor has opined that the victim should go for examination for C.T. Scan. The injury is over the head of victim.

Patna High Court Cr.Misc. No.40730 of 2017 (2) dt.21-09-2017 In such view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of four weeks from today, the court below will pass an order on its own merit on the same day without being prejudiced by the order passed by this Court.

Vinay/- (Shivaji Pandey, J) U T