Anurag Abhishek And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15273 of 2018 Arising Out of PS.Case No. -570 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================

1. Anurag Abhishek, S/o Ashok Kumar Jha, R/o Village- Noorpur, P.O.+P.S.- Nathnagar, District- Bhagalpur.

2. Anand Bhushan S/o Bipin Kumar Thakur, R/o Village- Barari Phulwaria, P.O.+ P.S.- Baspatti, District- Sitamarhi.

3. Sammy Kumar Jha @ Sammy Jha, S/o late Chandradeo Jha, R/o Village- Sarahimor, Naya Bazar, P.S.- Saharsa, District- Saharsa.

4. Roshan Jha @ Roushan Kumar Jha, S/o Ram Bishesh Jha, R/o VillageJagdishpur, P.S.- Samastipur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Roshan Kumar Mishra For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Agamkuan P.S. Case No. 570 of 2017 instituted for the offence under Sections 341, 325, 307, 506 and 34 of the Indian Penal Code. It is alleged in the written report that informant who is student of second year (5th Semester) of Nalanda Medical College, Patna, had come to attend the Class in the college, then all these petitioners assaulted the informant with iron rod and wicket, causing serious injury to him. Petitioners also gave threat. Thereafter, the informant was taken in chamber of the Principal of

Patna High Court Cr.Misc. No.15273 of 2018 (3) dt.23-04-2018 2/3 the college who referred him to hospital after seeing his condition serious.

Case diary has been received.

In paragraphs 6, 7 and 8 of the case diary the witnesses have stated that petitioner Nos. 1 and 2 had caught hold the informant and petitioner Nos. 3 and 4 assaulted him with iron rod and cricket wicket, causing serious injury to him. The injury report is available in the case diary wherein the Doctor has found fracture injury on the wrist and forearm and opined the injuries to be grievous in nature. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners stands rejected.

Petitioners may surrender before the court below and make prayer for regular bail.

Learned counsel for the petitioners has submitted that there is likelihood of compromise between the parties. It is observed that in the event petitioners surrender in the court below within a period of four weeks from the date of receipt of this order, and compromise petition is filed, the court below will consider the prayer for bail of the petitioners in accordance with

Patna High Court Cr.Misc. No.15273 of 2018 (3) dt.23-04-2018 3/3 law without being prejudiced by this order, and dispose of the same, if possible, on the same day.

(Sanjay Priya, J) S.Ali/- U T