Patna High CourtCR. MISC./38843/2015dismissed

Ghanshyam Pandit And ANR v. The State Of Bihar

2015-11-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38843 of 2015 Arising Out of PS.Case No. -104 Year- 2015 Thana -BELHAR District- BANKA ======================================================

1. Ghanshyam Pandit, Son of Awadh Pandit,

2. Mahipal Pandit, Son of Late Suresh Pandit, Both resident of villageRanga Bazar, P.S.- Belhar, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Smt. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2015 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 307 and other allied sections of the Indian Penal Code.

The informant made allegation that several accused persons assaulted him while he was fleeing away. Both the petitioners, namely, Ghanshyam Pandit and Mahipal Pandit assaulted him with iron rod on his head.

Mr. Ajay Mukherjee, learned counsel for the petitioners, submits that the petitioners and others were holding a meeting for organizing Puja. The petitioners after consuming wine came and committed mischief and the villagers assaulted

Patna High Court Cr.Misc. No.38843 of 2015 (3) dt.06-11-2015 him. About 67 persons gave an application to this effect before the S.H.O. Belhar police station, District Banka (Annexure-3). Having considered the fact that the informant has made specific allegation that the petitioners assaulted him with iron rod on his head and two injuries were found on the head besides other injuries and both the injuries have been found to be grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioners in connection with Belhar P.S. Case No. 104 of 2015 pending in the court of the learned Subdivisional Judicial Magistrate, Banka. Their prayer for anticipatory bail is, accordingly, rejected.

(Prabhat Kumar Jha, J) Amin/- U