Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26785 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Santosh Kumar Son of Niranjan Thakur, Resident of Village- Ufraul, P.O.- Bakhra, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 91 of 2017/ G.R. No. 557 of 2017 for the offences punishable under sections 341, 323, 324, 307, 325, 504 and 506/34 of the I.P.C. Allegedly, the petitioner with sharp edged weapon assaulted on the head of the informant causing cut injury and thereafter co-accused Niranjan Thakur assaulted with iron rod and got fractured the left leg.
Submission is of false implication and that no injury report was attached in the case diary, it reveals that the informant has received simple injury, father of the petitioner has filed
Patna High Court Cr.Misc. No.26785 of 2017 (2) dt.13-07-2017 2/2 Saraiya P.S. Case No. 93 of 2017 against the informant of this case as he has assaulted the mother of the petitioner and as such there is case and counter case.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that on the vital part injury has been caused by the petitioner.
In the facts and circumstances as stated above, considering the allegation which finds support during investigation as is apparent from the impugned order, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of S.D.J.M. West, Muzaffarpur. (Jitendra Mohan Sharma, J) Abhay/- U T