Patna High CourtCR. MISC./45633/2018disposed

Ajay Gupta @ Ajay Kumar Sahu v. The State Of Bihar

2018-08-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45633 of 2018 ======================================================

1. Ajay Gupta @ Ajay Kumar Sahu, S/o Jiyut Sah, R/o Vill. Harnathpur, P.S. Raghunathpur, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Raghunathpur P.S. Case No. 216 of 2017, registered for offences punishable under Sections 147, 148, 149, 324, 326, 307 of the Indian Penal Code and 27 of Arms Act.

As per F.I.R. the allegation against the petitioner is that the petitioner along with eight to ten unknown persons assaulted the informant and the petitioner fired, causing injury. Submission of the learned counsel for the petitioner is that there is land dispute between the parties and the petitioner has falsely been implicated in this case and a compromise has already taken place between the parties.

Heard learned A.P.P., who opposes the prayer for bail

Patna High Court Cr.Misc. No.45633 of 2018 (2) dt.02-08-2018 2/2 stating that the petitioner is named in the F.I.R. and as such the petitioner does not deserve ground of bail.

In such view of the matter, let the petitioner, above named, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, the same will be considered by the learned court below on the basis of materials available on record without being prejudiced by this order of this Court and also considering the submission that a compromise has already been made between the parties. With the aforesaid observation, this application is disposed of on the same day.

(Vinod Kumar Sinha, J) Sudha/- U T