Patna High CourtCR. MISC./47435/2018dismissed

Md. Munna v. The State Of Bihar

2018-08-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47435 of 2018 Arising Out of PS.Case No. -121 Year- 2016 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Md. Munna, Son of Anwar Ali, resident of Village- Bangra Chaupan P.S. Kanti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukund Mohan Jha For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 The petitioner is apprehending his arrest in connection with Kanti P.S. Case No. 121/2016, registered for offences punishable under Sections 341, 323, 307, 504, 379, 324, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of assault on the head of informant by means of rod.

It has been submitted on behalf of the petitioner that earlier the injury was not shown to be grievous in nature and he has falsely been implicated in this case.

Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant has pointed out that earlier in the year 2016, the petitioner has moved for anticipatory bail before the court below and the same was dismissed and in the

Patna High Court Cr.Misc. No.47435 of 2018 (2) dt.14-08-2018 2/2 order, the injury was said to be grievous in nature. Having heard both sides, considering the facts and circumstances of the case, nature of accusation, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is accordingly dismissed.

However, if the petitioner so desire may surrender before the court below and pray for regular bail and if any such application is filed, the court below shall consider the same on the merit of the case and shall pass an appropriate order, without being prejudiced by the order of this Court.

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