Patna High CourtCR. MISC./67554/2018disposed

Md. Laddu Khan v. The State Of Bihar

2019-01-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67554 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- JAMUI District- Jamui ====================================================== Md. Laddu Khan, Son of Md. Asgar Khan, Resident of Village Lohra, P.S. Jamui, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 147, 448, 323, 307, 379 and 427 of the Indian Penal Code. As per the allegation made in the FIR, specific accusation against the petitioner is to have assaulted on the head of the informant with a hockey stick and snatching gold earring. It is submitted by learned counsel for the petitioner that in the background of a land dispute, the accusation has been levelled against the petitioner and for the occurrence of 28.04.2018, the FIR has been registered on 30.04.2018. It is further submitted that there is no accusation of repetition of blow. A statement has been made in paragraph 3 of the petition that the petitioner is not having any

Patna High Court Cr.Misc. No.67554 of 2018(3) dt.22-01-2019 2/2 criminal antecedent.

Learned APP submits that there is specific accusation of assault against the petitioner.

Considering the accusation being corroborated with the medical opinion, this Court is not inclined to grant anticipatory bail to the petitioner.

However, in view of the fact that there is no accusation of repeating the blow, it may be a case of consideration of prayer for regular bail, if the petitioner surrenders before the learned Court below within a period of six weeks from today in connection with Jamui Adarsh P.S. Case No. 217 of 2018, pending in the Court of learned Chief Judicial Magistrate, Jamui.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T