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Patna High CourtCR. MISC./33351/2016rejected

Brajesh Kumar v. The State Of Bihar

2016-08-24Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33351 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -GOGRI District- KHAGARIA ====================================================== Brajesh Kumar S/o Shreekant Yadav Resident of Village- Lakshminiyai, P.S.- Gogari, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indrajit Kumar For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Gogri (Paura) P.S. Case No. 89 of 2016 registered under Sections 323, 341, 354, 307, 504, 506/34 of the I.P.C. and 27 of the Arms Act pending in the Court of C.J.M., Khagaria. The accusation is that on 24.05.2016, Jitendra Kumar aged about 14 years, son of the informant, was present at the glossary shop of Bhojal Mandal in the village. At that time, petitioner and his brother Nirjesh Kumar asked to unload the bags of maize from the Tractor and to keep the same in the godown. When he refused to unload the bags saying that he is not able to unload the same then he was abused. Later on, when the informant

Patna High Court Cr.Misc. No.33351 of 2016 (2) dt.24-08-2016 2/2 and her husband made complaint, at that time, petitioner and his brother Nirjesh Kumar assaulted them by fists and slaps. In that course, petitioner also fired, which passed over near the temporal region of her husband and her husband also sustained injuries at his finger and eyes, who was rushed to Referral Hospital for treatment.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, his prayer for bail is rejected.

(Rajendra Kumar Mishra, J) Shail/- U T