Patna High CourtCR. MISC./37207/2016rejected

Shashi Kant Mishra v. The State Of Bihar

2016-11-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37207 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -KORANSARAI District- BUXAR ====================================================== SHASHI KANT MISHRA SON OF SRI BISHESHWAR MISHRA, RESIDENT OF VILLAGE- KANJHARUAN, P.S.- KORAN SARAI, DISTRICT- BUXAR (BIHAR).

.... .... Petitioner/s

Versus

1. THE STATE OF BIHAR.

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

For the Petitioner/s : Mr. Gajendra Nath Ojha For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Koransarai P.S. Case No. 45 of 2016 registered under Sections326/447/307/34 of the Indian Penal Code. At paragraph-23 of the case diary, the injured specifically, stated that it was the petitioner and one unknown person, who committed the alleged occurrence. The injury report of the injured supports the allegation.

Although learned counsel for the petitioner submits that the petitioner was not present in his village on the alleged date of occurrence, which is evident from perusal of Annexure-2 series

Patna High Court Cr.Misc. No.37207 of 2016 (4) dt.16-11-2016 2/2 and as a matter of fact, the petitioner has been implicated in this case on account of partition dispute as the informant is full brother of the petitioner but I am not, at all, convinced with the aforesaid submission and in my view, it is not a fit case for grant of anticipatory bail.

Accordingly, this anticipatory bail petition filed in connection with Koransarai P.S. Case No. 45 of 2016 stands rejected.

However, this order shall not cause any prejudice to the competent court, while considering the regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T