Patna High CourtCR. MISC./78091/2018dismissed

Md. Shahrukh Hussain @ Md. Sahrukh v. The State Of Bihar

2019-01-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78091 of 2018 Arising Out of PS. Case No.-184 Year-2018 Thana- RAMPUR District- Gaya ====================================================== Md. Shahrukh Hussain @ Md. Sahrukh S/o Md. Shahnawaj Hussain @ Shannu, R/o Vill.- White House Compound, Road No. 4, P.S.- Rampur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 This application, for grant of anticipatory bail, arises out of Rampur P.S. Case No. 184/18, disclosing offences under Sections 147, 148, 452, 341, 323, 307, 302, 506 and 120 (B) of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner and others is of assault to the son of informant causing his death. Submission of learned counsel for the petitioner that there is allegation against three persons of assaulting the deceased and further there is delay of four days in lodging the F.I.R and no plausible explanation has been offered for the same.

Learned counsels for the State as well as informant opposed the prayer for bail and submitted that there is specific

Patna High Court Cr.Misc. No.78091 of 2018(2) dt.04-01-2019 2/2 allegation against the petitioner that he assaulted the deceased on his head by means of rod.

Having heard both sides, considering the facts and circumstances and the nature of allegation, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather he should surrender before the court below and make prayer for regular bail, which will be disposed of by the court below on the merit of the case without being prejudiced by the order of this Court.

This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T