Deo Kumar Soni v. The State Of Bihar

Patna High Court Cr.Misc. No.28473 of 2015 (2) dt.23-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28473 of 2015 Arising Out of PS.Case No. -196 Year- 2014 Thana -BASANTPUR District- SIWAN ======================================================

1. Deo Kumar Soni S/o Late Baidyanath Sah Resident of Village - Karhikhurd, P.S. Basantpur, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mishra For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Basantpur P.S. Case No. 196 of 2014 registered for the offences punishable under Sections 279, 302 of the Indian Penal Code. The contention on behalf of the petitioner is that after due investigation, police has found the case true under Section 304 of the Indian Penal Code. It is further contended by him that according to prosecution case, the petitioner assaulted the deceased with shoe on his bajja but the injury has been found on the head of the deceased.

Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to

Patna High Court Cr.Misc. No.28473 of 2015 (2) dt.23-07-2015 grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Basantpur P.S. Case No. 196 of 2014 pending in the court of Chief Judicial Magistrate, Siwan stands rejected.

However, it is made clear that this order shall not cause any prejudice to the competent court at the time of consideration of regular bail application of the petitioner. (Hemant Kumar Srivastava, J) SHAHZAD/- U T