Pappu Kumar @ Pappu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42547 of 2019 Arising Out of PS. Case No.-339 Year-2018 Thana- UJIYARPUR District- Samastipur ====================================================== PAPPU KUMAR @ PAPPU RAI Son of Shyam Rai Resident of Village - Dhamaun, P.S.- Shahpur Patori, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ujiarpur P.S. Case No.339 of 2018 registered under Sections 307, 323, 325/34, 341, 354B, 379, 447, 504 and 506 of the Indian Penal Code, pending in the court of the Sub Divisional Judicial Magistrate, Dalsingsarai, DistrictSamastipur. The accusation is that 9 persons, named in the F.I.R., including the petitioner, and five unknown, having iron rod, Garasa, lathi, axe and other weapons came at the door of the informant and with an intention to kill, started to commit "MaarPeet" . At that time, this petitioner gave iron rod at the head and

Patna High Court CR. MISC. No.42547 of 2019(2) dt.10-07-2019 2/3 leg of the informant and others also caused assault to him through lathi and danda, due to which he fell down on the ground. At that time, they also snatched the wrist watch, cash Rs.2000/- and gold chain of the informant. In that course, Roshan Rai and others caused injury to Pramila Devi and torn her blouse, whereas this petitioner and some unknown caused injury to Ajnish Kumar through iron rod and other deadly weapons.

Learned counsel appearing on behalf of the petitioner submits that due to some dispute, the occurrence of "Maar-Peet" took place in between the parties in which the petitioners' side also sustained injury regarding which Rubi Kumari, the sister of the petitioner, has filed complaint case against the informant and others on the basis of which Ujiarpur P.S. Case No.14 of 2019 was instituted.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered

Patna High Court CR. MISC. No.42547 of 2019(2) dt.10-07-2019 3/3 by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T