Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44054 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Raushan Kumar, son of Shiv Narayan Singh, Resident of VillageChakper, P.S.- Japla, Dist.- Daltonganj, Jharkhand. At present MohallaKshatriya Nagar, Ward No.- 4, P.S.- Town, Dist.- Aurangabad, Bihar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------------- 17-01-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Aurangabad Town P.S. Case No.119 of 2017 registered under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Aurangabad.

The accusation is that four persons, named in the F.I.R., including the petitioner alongwith 8-10 unknown surrounded the informant Abhishek Kumar and his associate. At that time, this petitioner gave iron rod blow at the head of the informant causing

Patna High Court Cr.Misc. No.44054 of 2017 (6) dt.17-01-2018 2/3 blood oozing injury. Subham Kumar caused blood oozing injury on the head of the informant through hockey. Vishal Kumar caused blood oozing injury on the head of Vikash Kumar, the friend of the informant, through lathi. In that course, Diwakar Kumar, gave knife blow at the abdomen of the informant causing blood oozing injury in his left hand.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case. On medical examination of the informant, two lacerated wounds on his head and two other lacerated wounds on his hand were found. Further submission is that the co-accused Diwakar Kumar, who is said to be caused blood oozing injury in the left hand of the informant through knife, has already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 16.08.2017 passed in Criminal Misc. No.35751 of 2017. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced

Patna High Court Cr.Misc. No.44054 of 2017 (6) dt.17-01-2018 3/3 by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T