Patna High CourtCR. MISC./53810/2016rejected

Tantan @ Tuntun Prasad v. The State Of Bihar

2016-12-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53810 of 2016 Arising Out of PS.Case No. -149 Year- 2016 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Tantan @ Tuntun Prasad Son of Awadh Mahto, Resident of VillageBaranwa, Police Station- Muffasil, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307/504/379 and other sections of the Indian Penal Code.

During the course of occurrence the petitioner allegedly committed assault with Khanti causing injury at the head of the informant. The doctor has found head injury simple in nature on the person of the informant.

Submission of the petitioner is that there is case and counter case. Both sides have sustained injuries and the petitioner, who is a relation, has falsely been implicated in this case. Moreover, there is no allegation of repetition of blow.

Patna High Court Cr.Misc. No.53810 of 2016 (2) dt.14-12-2016 2/2 Considering the fact that the petitioner had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to the petitioner in connection with Muffasil (Nawada) Police Station Case No. 149 of 2016, pending in the Court of learned Chief Judicial Magistrate, Nawada/Successor Court. Accordingly, the prayer for anticipatory bail is rejected. However, in the event of surrender the Court-below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order.

(Birendra Kumar, J) Mkr./- U T