Manish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.2405 of 2017 (3) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2405 of 2017 Arising Out of PS.Case No. -780 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Manish Kumar, Son of Nagendra Singh, Resident of Mohalla-Mufti, P.S.- Town Hajipur, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hajipur Town P.S. Case No. 780 of 2016, registered under Sections 341, 323, 353, 307, 186, 379, 504, 506 and 511/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur.

The accusation is that, on 10.12.2016, on receiving information about scuffle in between the family of Nagendra Singh and Prakash Lal Choudhary in the Mohallah Mukti, the police reached there. Where Prakash Lal Choudhary made complaint about capturing of Plot no. 691 of Khata No. 362 by the family of Nagendra Singh. Thereafter, police asked Prakash Lal Choudhary and his wife to make complaint at the Police Station and asked

Patna High Court Cr.Misc. No.2405 of 2017 (3) dt.16-03-2017 both parties to maintain peace. Thereafter, police received information about putting 'Nad' and 'peg' at the disputed land and went there. Rajesh Singh and Manish Kumar (petitioner) were found putting 'Nad' and 'peg'. When the police asked not to put 'Nad' and 'peg' then this petitioner caused injury through piece of wood at the head of the informant and other police officials. Learned counsel for the petitioner submits, in fact, police tried to help to Prakash Lal Choudhary and his wife to grab the land of the petitioner due to that reason occurrence took place, in which, informant received slight injury.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T