Patna High CourtCR. MISC./49738/2014dismissed

Guddu Rai @ Mrityunjay Kumar v. The State Of Bihar

2015-04-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49738 of 2014 Arising Out of PS.Case No. -83 Year- 2014 Thana -GARKHA District- SARAN ====================================================== Guddu Rai @ Mrityunjay Kumar son of Rajendra Rai Resident of village - Bhuigaon, P.S. Garkha, District- Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. A.K. Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2015 The petitioner is apprehending his arrest in connection with Garkha P.S.Case No. 83 of 2014 instituted under Sections 147, 148, 149, 323, 234, 307, 379 and 504 of the Indian Penal Code. Heard learned counsel for the petitioner and the State. The prosecution case, in brief , is that accused Guddu Rai gave Daab blow causing injury on the head of Anil Rai, nephew of the informant. Thereafter other accused persons came variously armed and assaulted them. Accused Prabhat Rai gave rod blow causing injury on the head of Janardan Rai. When he tried to rescue, they assaulted him also with rod. He fell down and then accused Keshav Rai snatched gold chain from his neck and Abhihekh Rai took out Rs. 12,000/- from the pocket of Anil Rai. It has been submitted on behalf of the petitioner that there

Patna High Court Cr.Misc. No.49738 of 2014 (2) dt.30-04-2015 2/2 is a case and counter case and the injuries sustained by the informant and others are simple in nature. It has been further submitted that the accused side has also sustained injury. On behalf of State, it is submitted that there is specific allegation against the petitioner of causing injury upon the informant and the same is corroborated by the injury report. Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected. However, if the petitioner surrenders in the court below within six weeks and pray for regular bail, the same shall be considered on its own merit without being prejudiced by this order of rejection.

(Sudhir Singh, J) singh/- U T