Abhay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46879 of 2016 Arising Out of PS.Case No. -223 Year- 2016 Thana -TEKARI District- GAYA ======================================================

1. Abhay Prasad son of Late Ram Pravesh Prasad, Resident of VillageBala Bigha, P.S.- Tekari, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 326 and 307 of the Indian Penal Code.

For land dispute, the petitioner, allegedly, caused fracture injury on the left leg and left hand of the informant. The Doctor has found fracture injury.

In the facts and circumstances of this case, in my view, this is not a fit case for anticipatory bail, and, hence, prayer for bail is refused in connection with Tekari Police Station Case No. 223 of 2016 pending in the Court of learned Additional Chief Judicial Magistrate-VI, Gaya.

However, in the event of surrender of the petitioner,

Patna High Court Cr.Misc. No.46879 of 2016 (6) dt.10-05-2017 2/2 the court below shall consider the prayer for regular bail considering the fact that no allegation under Section 307 Indian Penal Code is made out.

(Birendra Kumar, J) Kundan/- U T