Manoj Rai @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52752 of 2017 Arising Out of PS.Case No. -150 Year- 2017 Thana -RIGA District- SITAMARHI ====================================================== Manoj Rai @ Manoj Kumar, son of Bhikhar Rai, resident of villagePatania, P.S.-Riga, District-Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Riga P.S. Case No.150 of 2017 instituted for the offence under Section(s) 341, 323, 307, 504/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Sitamarhi.

There is allegation against this petitioner that he assaulted son of the Informant, Sikandar Rai, with spade causing bleeding injury on his person and he fell down. Injury report of Sikandar Rai has been annexed as Annexure-3, wherein, doctor has found injuries on the scalp of the injured caused by hard and blunt substance. The doctor has opined Injury No.1 having excessive bleeding and the patient was referred to Sadar Hospital. Opinion was kept reserved till final

Patna High Court Cr.Misc. No.52752 of 2017 (2) dt.07-11-2017 2/2 expert report is made available. In the supplementary Injury Report, it is mentioned that no expert opinion is received from the Sadar Hospital and so, injuries were opined to be simple in nature. Petitioner has also annexed the report of the Medical Officer, Nobel Hospital, Patna, wherein the doctor has found subgaleal hematoma in left frontotemporal scalp. It is also mentioned that patient was received in serious condition, urgent CT scan was done. Injury was found to be grievous. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law on its own merit without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T