Niraj Kumar @ Niraj Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43583 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Niraj Kumar @ Niraj Sahani, Son of Ravindra Chaudhari Resident of Village- Bairiadih, P.S. Harsidhi, District East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2016 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Harsidhi P.S. Case No. 38 of 2016, registered under Sections 341, 342, 343, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Motihari, East Champaran.

The allegation of informant Bishundeo Yadav is that on 12.02.2016 at about 9.00 A.M. when he went to his field then saw Suraj Kumar Sahani and Niraj Kumar were cutting Sisham tree of his land, then he made protest then both started abusing to the informant and Suraj Kumar caused injury through farsa at his head. When wife of the informant, namely, Tara Devi rushed to

Patna High Court Cr.Misc. No.43583 of 2016 (2) dt.06-10-2016 2/2 save him then this petitioner cause injury through iron rod. Learned counsel for the petitioner submits that the injury as found on the person of the informant and his wife are of simple in nature.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

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