Jitendra Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55387 of 2017 Arising Out of PS. Case No.-104 Year-2017 Thana- RASULPUR District- Saran ====================================================== Jitendra Kushwaha, S/o Kishore Kushwaha, R/o Village-Rasulpur, P.S.- Rasulpur, District-Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-11-2017 Heard Sri Prabhat Kumar Singh, learned counsel for the petitioner and Sri Pramod Kumar Pandey, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody only since 16.09.2017 in Rasulpur P.S. Case No.104/2017 registered for the offence under Sections 341, 323, 324, 379, 307, 506,384/34 of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that there was case and counter case in between the parties and all injuries found on the person of the informant were simple in nature and, as such, a prayer is being made for grant of bail, whereas Sri Pramod Kumar Pandey, learned Addl. Public Prosecutor, opposing the prayer for bail of the petitioner, submits that from paragraph-3 of the petition, it is evident that

Patna High Court Cr.Misc. No.55387 of 2017(2) dt.17-11-2017 2/2 the petitioner is a habitual offender. Besides this, he further submits that the petitioner gave Dabiya blow on the head of the informant also.

Considering the fact that the petitioner is accused at least in two cases also, which fact has been mentioned in paragraph-3 of the petition, at the moment I am not inclined to grant bail to the petitioner.

The petition for bail stands rejected.

(Rakesh Kumar, J) nawalkrs/- U T