Jayant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38475 of 2018 Arising Out of PS.Case No. -162 Year- 2018 Thana -RAMPUR District- GAYA ====================================================== Jayant Kumar, Son of Vijay Kumar, Resident of Village - Choti Delha Tekari Road, P.S - Delha, District - Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 The petitioner is apprehending his arrest in connection with Rampur P.S. Case No. 162 of 2018, registered for offences punishable under Sections 307/34, 341, 323 and 326 of the Indian Penal Code.

Allegation as per F.I.R is that while informant was coming three persons caught hold of him and one person stabbed him and it is alleged the person, who stabbed him was the petitioner.

It has been submitted on behalf of the petitioner that in the first part of the F.I.R no specific allegation has been mentioned against any of the accused persons, however in the later part it has been mentioned that the petitioner has given knife blow in the abdomen of the informant, which itself creates a serious doubt about the prosecution story and hence the petitioner has falsely

Patna High Court Cr.Misc. No.38475 of 2018 (2) dt.29-06-2018 2/2 been made accused in this case.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the nature of accusation, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is accordingly dismissed.

However, if the petitioner, so desire, may surrender before the court below and pray for regular bail, which will be considered on the merit of the case.

(Vinod Kumar Sinha, J) sunil/- U T