Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4441 of 2018 Arising Out of PS. Case No.-479 Year-2017 Thana- BARBIGHA District- Sheikhpura ====================================================== Gopal Kumar S/o Jangali Sao @ Jageshar Prasad, R/o Gola Par, (Barbigha), Ward No. 9, P.S.- Barbigha, District- Sheikhpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Barbigha (Mission O.P.) P.S. Case No. 479 of 2017 instituted for the offence under Sections 302/34 of the IPC.

As per written report, there is specific allegation against this petitioner of assaulting the father of the informant on head on account of which he became injured. Thereafter, son of the accused Ganit Yadav pushed him down and he along with Jangli Sao assaulted his father by brick on the chest and other part of his body on account of which he became senseless. Thereafter, he was taken to hospital. The case diary has been received, wherein, post-mortem report is available. The doctor has opined cause of death due to injury on head. Learned counsel for petitioner has submitted that

Patna High Court Cr.Misc. No.4441 of 2018(3) dt.28-02-2018 2/2 prosecution witnesses have stated that the father of informant fell down in scuffle which caused head injury to him. The Court finds that there is direct allegation against the petitioner in the written report which gets support from postmortem report. Therefore, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, this anticipatory bail petition stands rejected. (Sanjay Priya, J) khushbu/- U T