Patna High CourtCR. MISC./36572/2017disposed

Md. Samun v. The State Of Bihar

2017-08-11Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.36572 of 2017 (2) dt.11-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36572 of 2017 Arising Out of PS.Case No. -243 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================

1. Md. Samun Son of Late Daud, R/o Village- Gogari, Ward No.4, P.S.- Gogari, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Jha For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-08-2017 The petitioner is apprehending his arrest in connection with Gogari P.S. Case No. 243 of 2017, registered for offences punishable under Sections 147, 353, 307, 337, 188 and 160 of Indian Penal Code.

Allegation against the petitioner is of creating obstruction in discharge of official duty of Block Development Officer during election and also there is allegation that he along with others pushed the officials available there.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and he only runs a tea shop near the place of alleged occurrence. Further he is neither the member of winning side nor the member of losing side and has nothing to do with the said occurrence.

Patna High Court Cr.Misc. No.36572 of 2017 (2) dt.11-08-2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, I am not inclined to grant the petitioner, the privilege of anticipatory bail, his application is, accordingly, rejected.

Let petitioner surrender before the Court below and make prayer for regular bail and if any such application is filed, the court below after considering the submissions of learned counsel for the petitioner and other materials available on record, shall disposed of the application of the petitioner, if possible on same day, without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) sunil/- U T