Patna High CourtCR. MISC./17680/2016dismissed

Binod Prasad v. The State Of Bihar

2017-04-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17680 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -KOILWAR District- BHOJPUR ====================================================== Binod Prasad Son of Late Mithu Prasad @ Mithu Das resident of village - Manikpur, Police Station - Koilwar, in the District of Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Prasad Singh, Sr. Adv. Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. H.A.Khan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Koilwar P.S. Case No. 80 of 2016, registered for offences punishable under Sections 341, 323,307,326,504 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the informant is not the eye witness and the statements of the witnesses, who are said to be the eye witnesses, have been recorded in paras 7 and 8 of the case diary in which they have not disclosed the name of the petitioner and that shows that the petitioner has falsely been implicated in this case. Heard learned A.P.P. as well as learned counsel for the informant also. They have opposed the prayer for bail stating

Patna High Court Cr.Misc. No.17680 of 2016 (8) dt.10-04-2017 2/2 that the statement of the injured has been recorded in para-25 of the case diary and he has specifically stated about the assault by the petitioner by knife on his abdomen and the injury was found to be grievous in nature by the Doctor.

Considering the aforesaid aspect of the matter, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is, accordingly, rejected. However, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. The application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) S.Pandey/- U T