Shiva Chandra Prasad @ Shiv Chandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8507 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Shiva Chandra Prasad @ Shiv Chandra Prasad, son of Late Chulhai Sah, resident of Mohalla- Magardahi Road Gudri Chowk, P.S.- Town, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned counsel appearing for the State.

Petitioner apprehends his arrest in a case under sections 341, 323, 307, 379, 504, 506/34 of Indian Penal Code. Allegation is that when the informant asked the petitioner as to why he has disconnected his electric light, the petitioner became infuriated and assaulted the informant with iron rod causing injuries. The three sons of the petitioner also assaulted the informant.

Learned counsel submits that the informant and the petitioner are own brothers and the altercation took place on the spur of the moment.

Learned counsel for the State submits that the injuries are of serious nature.

Patna High Court Cr.Misc. No.8507 of 2016 (3) dt.12-04-2016 2/2 In view of nature of allegations, I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is refused with direction to surrender and seek regular bail which would be disposed of on its own merit without prejudice, preferably on the same day, taking into consideration that both the informant and the petitioner are own brothers and the altercation took place on the spur of the moment. (Samarendra Pratap Singh, J) kunal/- U T