Kashinath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42034 of 2019 Arising Out of PS. Case No.-225 Year-2018 Thana- TARAIYA District- Saran ====================================================== KASHINATH RAY Son of Shyam Lal Ray Resident of Village - Bagahi Harakhpur, P.S.- Taraiya, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 This application, for grant of anticipatory bail, arises out of Taraiya P.S. Case No. 225/18, disclosing offences under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

Prosecution case is that petitioner and other came variously armed and started abusing the informant and when his cousin brother, namely, Chandan Kumar intervened in the matter, then, petitioner assaulted him on his head by nmeans of sword and there is also against accused persons of assaulting family members of informant and taking away Rs. 20,000/-. Thereafter, the injured Chandan Kumar was taken to PMCH for treatment but he succumbed to his injuries.

Submission of learned counsel for the petitioner is that the deceased died after 15 days of occurrence and the

Patna High Court CR. MISC. No.42034 of 2019(5) dt.26-09-2019 2/2 occurrence had taken place on the spur of the moment, which will appear from the fact that there is no repetition of blow as only one injury was found on the persons of the deceased Heard learned A.P.P. as well as learned counsel for the informant. They opposed the prayer for anticipatory bail of the petitioner.

Having heard both sides, considering the facts and circumstances as well as the fact that petitioner is an accused in one more case of similar nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the basis of materials available on record, if possible on same day, without being prejudiced by this order.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T