Mukadar Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.43426 of 2017 (4) dt.16-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43426 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -MOKAMAH District- PATNA ======================================================

1. Mukadar Kumar, Son of Raja Ram Pandit, resident of More P.S. Mokama, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mokama Police Station Case No. 44 of 2017, disclosing offences under Sections 341, 323, 308, 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the parties happen to be agnates and a land dispute is prevailing between then since long and on account of that altercation took place between them in which the informant sustained injury, which is simple in nature. Hence, the petitioner deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.43426 of 2017 (4) dt.16-11-2017 Learned A.P.P. has opposed the prayer for anticipatory bail of this petitioner and submitted that there is direct allegation of assault over the head of the informant against the petitioner.

Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipator bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U