Shiv Shankar Singh @ Banti Solanki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38162 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -BARH District- PATNA ======================================================

1. Shiv Shankar Singh @ Banti Solanki Son of Madan Singh, Resident of Indrapuri, Ward No. 3 Near L.I.C. Office Barh, Police Station Barh, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Sen Prasad Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in Barh P.S.Case No. 95 of 2017 registered for offences punishable under Sections 323, 341, 325, 307 and 504 of the Indian Penal Code. The prosecution case as lodged on the basis of written report by the informant is that on 22.04.2017 when he was sitting on the wood near his house, the petitioner came and started abusing and assaulting the informant with rod at his head, causing head injury.

Learned counsel for the petitioner submits that both

Patna High Court Cr.Misc. No.38162 of 2017 (2) dt.17-08-2017 2/2 the parties are agnates. The informant used to sit at wooden log, which was kept in front of the gate of petitioner's house and he used to pass filthy comment on ladies of the locality for which petitioner had objected. The informant on the date of alleged occurrence was in drunk and he fell down on wooden log and sustained simple injuries.

On perusal of F.I.R., I find that there is specific allegation against the petitioner that he caused five injuries on the person of informant out of which three were caused on scalp. Having regard the nature of injuries and also the facts and circumstances of the case, I am not inclined to grant anticipatory bail to petitioner and accordingly, his prayer is rejected.

(Sanjay Kumar, J) Sudha/- U T