Patna High CourtCR. MISC./47695/2016rejected

Subash Singh v. The State Of Bihar

2016-11-29Mr. Justice Kishore K. Mandal2 pages

Patna High Court Cr.Misc. No.47695 of 2016 (3) dt.29-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47695 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Subash Singh son of Chandrama Singh, Resident of Village- Molanapur, P.S.- Siwan Mufassil, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-11-2016 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner and Mr. Ashok Kumar, learned A.P.P. for the State. Petitioner is named accused in Siwan Mufassil P.S. Case No. 166 of 2016 registered under Section 341, 323, 324, 307, 504, 506, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

While the informant was engaged in election campaign he found the petitioner and others at his field with construction material which was objected. It is alleged that all the accused persons assaulted him. Specific allegations against the petitioner is of having inflicted farsa blow on the head of the informant. Submission of the petitioner is that both the parties are Gotiyas. There is counter case also. There is no repetition of blow.

Patna High Court Cr.Misc. No.47695 of 2016 (3) dt.29-11-2016 Petitioner has no criminal antecedent. The injuries were not found grievous. Learned A.P.P. opposes the prayer and submits that there is specific allegation against the petitioner of having caused injury on the forehead of the informant, which has been found by the doctor in the injury report.

Considering the fact and circumstances of the case, I am not persuaded to extend the privilege of anticipatory bail. The prayer for bail is accordingly rejected.

However, the petitioner is directed to surrender before the court below and seek regular bail, which shall be considered and disposed of on its own merit in accordance with law.

(Kishore Kumar Mandal, J) siddharth/- U T