Patna High CourtCR. MISC./51004/2017dismissed

Kanhaiya Singh @ Krishna Kishore @ Kanhaiya Kumar v. The State Of Bihar

2017-12-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51004 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -SIKANDARA District- JAMUI ======================================================

1. Kanhaiya Singh @ Krishna Kishore @ Kanhaiya Kumar, son of Janardan Singh @ Janardan Prasad Singh, resident of village-Ghongsha, P.S.-Halsi, District Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar Sinha, Sr. Advocate with Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Sikandra P.S. Case No.66 of 2016 instituted for the offence under Section(s) 147, 148, 149, 323, 307, 341 Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, II, Jamui. As per written report, this petitioner with other accused as named in the written report assaulted the father of the informant with rod, pistol etc. on the head on account of which he fell down and became unconscious. He was taken to hospital where he died during the course of treatment. Post mortem was performed on 18.05.2016 i.e. just after three days of the occurrence and doctor has opined that

Patna High Court Cr.Misc. No.51004 of 2017 (4) dt.12-12-2017 2/2 death has been caused due to head injury caused by hard and blunt substance.

In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T