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Patna High CourtCR. MISC./15113/2016rejected

Bali Ram Mallah @ Baliram Chaudhary v. The State Of Bihar

2016-06-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15113 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Bali Ram Mallah @ Baliram Chaudhary son of Late Bishnu Mallah @ Vishnu Chaudhary Resident of Village- Akhlaspur, P.S.- Bhabua, DistrictKaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Kant Shukla, Adv. For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2016 Heard both sides.

The petitioner apprehends his arrest in Bhabhua P.S. Case No. 87/2016, registered for the offence punishable under Section 307 and other sections of the Indian Penal Code. The allegation against the petitioner is that while informant's elder brother was cutting straw in a machine petitioner pushed the elder brother of the informant from behind in which his both hands were cut.

Mr. Uma Kant Shukla, learned senior counsel for the petitioner submits that it is a case of accident. Nobody pushed the brother of the informant, but from perusal of the statement of the victim it appears that he made very specific allegation that it was

Patna High Court Cr.Misc. No.15113 of 2016 (4) dt.30-06-2016 2/2 the petitioner who pushed him from behind and that is why his both hands were cut.

Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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