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Patna High CourtCR. MISC./53593/2019rejected

Prashant Kumar Bharti @ Prashant Bharti @ Munna v. The State Of Bihar

2019-08-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53593 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- SINDHWARA District- Darbhanga ====================================================== PRASHANT KUMAR BHARTI @ PRASHANT BHARTI @ MUNNA Son of Awadhesh Kumar Sah @ Awadhesh Sah Resident of Village - Bharwara, P.S.- Singhwara, Dist.- Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-08-2019 Heard both sides.

The petitioner apprehends his arrest in Singhwara P.S. Case No.19 of 2019 registered under Sections 341, 323, 324, 307, 385, 379, 506, 504 and 34 of the Indian Penal Code. The informant informed that he got call on his mobile and the caller demanded extortion and disclosed his name as son of Mukhiya. It is further alleged that on 28.01.2019 after closing the shop when the informant was in the way, the informant and his brothers were surrounded by the accused persons and the petitioner assaulted with knife.

The learned counsel for the petitioner submits that prior to institution of the case, the petitioner lodged Singhwara P.S. Case No.18 of 2019 alleging therein that the informant and

Patna High Court CR. MISC. No.53593 of 2019(2) dt.28-08-2019 2/2 others were abusing the father of the petitioner and when the petitioner objected, all the accused persons assaulted him. It is further submitted that informant alleged that he and his brothers were assaulted with knife but the injury report(Annexure-3) shows that all the injuries are caused by hard and blunt object and simple in nature.

Of course, there appears that prior to institution of the present case, petitioner also lodged Singhwara P.S. Case No.18 of 2019 but it appears that both sides have filed case and counter case. The petitioner has got criminal antecedent and he is accused in four other criminal cases of different nature. Taking into consideration the fact that petitioner has got criminal antecedent and he is accused in four other criminal cases, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T