Patna High CourtCR. MISC./24308/2017rejected

Mritunjay Singh v. The State Of Bihar

2017-06-07Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24308 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -OBRA District- AURANGABAD ====================================================== Mritunjay Singh, Son of Keshav Singh, Resident of Village- Bharub Tola, Harihar Ganj, P.S.- Obra, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Singh, Advocate. For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-06-2017 Heard Sri Rajendra Singh, learned advocate appearing on behalf of the petitioner, and Sri Ram Naresh Ray, learned A.P.P. for the State.

The petitioner is apprehending arrest in Obra P.S. Case No. 32/2017 registered under Sections 341, 323, 325, 307, 379, 504/34 of the Indian Penal Code.

The prosecution case, as alleged in the First Information Report, would show that there are allegations of giving a Gadansa blow on the head of the informant by this petitioner.

Learned counsel for the petitioner would submit that although there are allegations of giving a Gadansa blow but the nature of injury, as reported in Annexure-2, is simple in nature.

Patna High Court Cr.Misc. No.24308 of 2017 (3) dt.07-06-2017 2/2 The learned A.P.P. opposed the prayer for anticipatory bal and submits that it is not a fit case to exercise the discretion to grant the privilege of anticipatory bail to the petitioner as the petitioner has assaulted on the head of the informant.

Considering the nature of allegations, I am not inclined to exercise the discretion to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is refused. If the petitioner surrenders in the court below within four weeks from today and prays for regular bail, the same may be considered on its own merit.

(Rajeev Ranjan Prasad, J) Dilip, AR U T