Baijnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3909 of 2021 Arising Out of PS. Case No.-529 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== BAIJNATH KUMAR Son of Ashok Ray @ Ashok Kumar Resident of Village - Madapur, Ladaura Pakari, P.S.- Kudhani, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore- Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-08-2021 Heard Mr. Yugal Kishore, the learned Advocate for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Kudhani (O.P. Turki) P. S. Case No.529 of 2020, instituted for the offences under Sections 341, 323, 307, 504/ 34 of the Indian Penal Code.

The accusation against the petitioner and others is of assaulting the informant. So far as the petitioner is concerned, there is specific accusation against him of having ordered to kill the informant and of having assaulted him also by the back side of a weapon. The informant has received multiple injuries on his head for which he had to remain in hospital from 04.08.2020 to 08.08.2020.

This explains for the three days delay in lodging of

Patna High Court CR. MISC. No.3909 of 2021(2) dt.04-08-2021 2/2 the F.I.R.

For the nature of accusation against the petitioner, I am not inclined to admit him to anticipatory bail. The prayer for anticipatory bail of the petitioner is rejected.

However, if the petitioner surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) vikash/- U T