Tuntun Kumar Das @ Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17554 of 2018 Arising Out of PS.Case No. -79 Year- 2017 Thana -PUSA District- SAMASTIPUR ======================================================

1. Tuntun Kumar Das @ Tuntun Kumar Son of Dinesh Das Resident of Village- Koenala, P.S.- Dalsingsarai, Distt. Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2018 Heard both sides.

The petitioner apprehends his arrest in Pusa P.S. case No. 79 of 2017 for the offences punishable under Section 307, 379 and other sections of the Indian Penal Code. The informant alleged that petitioner assaulted him with axe on his head. Prashant Kumar Neeraj assaulted the informant with hammer causing uprooting of his two teeth and Abhishek Kumar assaulted him with iron rod.

The learned counsel for the petitioner submits that other accused persons have already been granted bail and the injury caused by the petitioner is found to be simple in nature. It appears that petitioner is alleged to have assaulted the informant with axe on his head and corresponding injury was

Patna High Court Cr.Misc. No.17554 of 2018 (2) dt.05-04-2018 2/2 found.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, i.e., ACJM-VI, Samastipur in Pusa P.S. case No. 79 of 2017, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that other accused persons have already been granted regular bail.

(Prabhat Kumar Jha, J) BKS/- U T