Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56535 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -HASPURA District- AURANGABAD ====================================================== Vikash Kumar, Son of Ram Babu Gupta, Resident of Village- Haspura, P.S.- Haspura, District- Aurangabad.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lilawati Singh For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2018 Heard the learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in connection with Haspura PS case no. 92 of 2017 dated 21.5.2017 registered for the offences punishable under Section 341, 323, 325, 324, 307, 504, 506/34 of the Indian Penal Code.
The allegation against the petitioner is assaulting his own brother due to which he received number of injuries. The learned counsel for the petitioner submits that the petitioner and the informant are full brothers and on account of certain family disputes, the quarrel had taken place, hence a lenient view should be taken.
The learned counsel for the informant has submitted that the
Patna High Court Cr.Misc. No.56535 of 2017 (3) dt.09-01-2018 2/2 petitioner is in usual habit of assaulting the informant and for that purpose two more cases are pending against him and the injuries have been inflicted by sharp cutting weapon as would be apparent from the case diary.
Having regard to the facts and circumstances of the case, I think that the present case is not a fit case for grant of anticipatory bail. However, the same may be a good case for regular bail. The petition is dismissed.
It is further directed that in case the petitioner files a regular bail application before the concerned court, the concerned court shall dispose of the same on the same day without being prejudiced by dismissal of the present petition. (Mohit Kumar Shah, J) BTiwary/- U T