Patna High CourtCR. MISC./43700/2017rejected

Krishna Kumar Mishra @ Gulab Mishra @ Gulab Kumar Mishra v. The State Of Bihar

2017-09-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43700 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================

1. Krishna Kumar Mishra @ Gulab Mishra @ Gulab Kumar Mishra Son of Mithilesh Kumar Mishra, Resident of Village-MahiShi, P.S.-Mahishi, District-Saharsa .... Petitioner

Versus

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

For the Petitioner : Mr. Amarnath Jha, Adv. For the Opposite Party : Mr. Bal Mukund Prasad Sinha, APP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2017 Heard both sides.

The petitioner apprehends his arrest in Mahishi P.S. Case No. 13 of 2017 under Section 307 and other sections of the Indian Penal Code.

The informant alleged that the petitioner sold his two sesame trees and when the son of the informant went to enquire, the petitioner repeatedly stabbed him. When the grandson of the informant went to save his father, the petitioner also imputably stabbed the grandson of the informant.

The learned counsel for the petitioner submits that the petitioner and the informant are co-sharers. On account of land dispute the occurrence took place, but, it appears from the perusal of the injury report that Akhilesh Kumar Mishra and his got two stab injuries each. The petitioner is alleged to have repeatedly stabbed Akhilesh Kumar Mishra and his son, Keshav Kumar Mishra, and the corresponding injuries were found on the vital parts of the body.

Considering the allegation, made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail.

Patna High Court Cr.Misc. No.43700 of 2017 (2) dt.21-09-2017 2/2 The prayer for anticipatory bail is rejected. If the petitioner surrenders before the Court below and prays for regular bail that may be considered, on it's own merit, without being prejudiced of this order. (Prabhat Kumar Jha, J) SA/- U √ T √