Patna High CourtCR. MISC./39639/2016dismissed

Gaurav Kumar @ Gorelal Singh v. The State Of Bihar

2016-09-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39639 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Gaurav Kumar @ Gorelal Singh son of Rajendra Singh resident of villageBilandpur P.S. Mahua District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar Singh, Adv. For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2016 Heard both sides.

The petitioner apprehends his arrest in Mahua P.S. Case No. 73/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant alleged that while he was going to give money to Krishna Devi the petitioner and others intercepted him. Manoj Kumar Singh snatched Rs. 1,20,000/- from his possession. Petitioner is alleged to have assaulted the informant with Daab on his head.

Learned counsel for the petitioner submits that Manoj Kumar Singh lodged Mahua P.S. Case No. 59/2016 on 20.02.2016 prior to the present occurrence who stated that at the time of emersion of idol some altercation took place and the informant

Patna High Court Cr.Misc. No.39639 of 2016 (2) dt.19-09-2016 2/2 and others assaulted Manoj Kumar Singh that is why this case has been filed in order to create defense. Manoj Kumar Singh have already been granted anticipatory bail vide order passed in Cr. Misc. 21568/2016 It appears from the perusal of the order impugned that petitioner is alleged to have assaulted the informant with Daab and the injury found on the head of the informant is grievous in nature.

Considering the facts aforesaid and the fact that petitioner is alleged to have assaulted the informant with Daab causing grievous injury to the informant, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T