Nagender Nath Tiwari @ Nagendra Nath Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7178 of 2015 Arising Out of PS.Case No. -177 Year- 2014 Thana -GUTHANI District- SIWAN ======================================================

1. Nagender Nath Tiwari @ Nagendra Nath Tiwari son of Late Bhup Narayan Nath Tiwari, resident of Village & P.O.- Chittakhal, P.S.- Guthani, District- Siwan, State- Bihar, Pin- 841435 .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar, Advocate. For the Opposite Party/s : Mr. R.B. Roy Raman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Heard both sides.

The petitioner apprehends his arrest in Guthani P.S. Case No. 177 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. According to the prosecution case, the petitioner and others came to the house of the informant and the petitioner is alleged to have assaulted the informant with Pharsa on his head. The accused persons are alleged to have assaulted the informant and other family members.

Learned counsel for the petitioner submits that there is counter version. There is a tube well in between the house of the petitioner and the informant and for that some altercation took place.

Patna High Court Cr.Misc. No.7178 of 2015 (2) dt.23-02-2015 2/2 On consideration of the facts, it appears that the petitioner is neighbour of the informant, but there is specific allegation against the petitioner that he assaulted the informant with Pharsa on his head and the injury is opined to be grievous. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T