Gaurav Kumar Singh @ Kumar Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3253 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -BELHAR District- BANKA ======================================================

1. Gaurav Kumar Singh @ Kumar Gaurav, son of Sri Arvind Prasad Singh @ Arvind Kumar Singh, resident of Village- Bahorana, P.S. - Belhar (Khesar), District - Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Bihari For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 Learned counsel for the petitioner is permitted to make necessary correction in paragraph -7 of the bail petition. The petitioner is apprehending his arrest in connection with Belhar (Khesar) P.S. Case No. 144 of 2016, registered for offences punishable under Sections 323, 307, 379, 504, 506 and 302 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that only general and omnibus allegation has been levelled against this petitioner and in the post mortem report only two injuries were found on the person of the deceased. Petitioner is an M.A. and is a teacher in private school. Petitioner has nothing to do with the alleged offence and his name has been dragged in this case only because his father did not support the informant side in the panchayat election.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court Cr.Misc. No.3253 of 2017 (2) dt.08-02-2017 2/2 informant. They have opposed the prayer of bail by stating that in the post mortem report altogether five injuries were found on the persons of the deceased and there is allegation against the petitioner of assaulting the deceased.

Having heard both sides, considering the facts and circumstances of the case and the nature of offence, I am not inclined to grant the petitioner, the privilege of anticipatory bail, it is accordingly rejected.

However, if the petitioner surrenders before the court below and pray for regular bail, his application shall be considered by the learned court below on the merit of the case, without being prejudiced by the order of this Court.

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