Md. Dukhwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47185 of 2018 Arising Out of PS.Case No. -54 Year- 2018 Thana -HASANGANJ District- KATIHAR ======================================================

1. Md. Dukhwa S/o Md. Soyab , R/o Vill.- Purana Dherwa, P.S.- Hasanganj, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 The petitioner is apprehending his arrest in connection with Hasanganj P.S. Case No. 54/2018, registered for offences punishable under Sections 341, 323, 504, 307/34 of the Indian Penal Code.

Allegation against the petitioner is of assault by rod causing injury.

Submission of learned counsel for the petitioner is that there was no intention of the petitioner to cause grievous injury to the informant or to kill him, which will appear from the fact that there is no repletion of blow and the incident took place on the spur of moment.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of

Patna High Court Cr.Misc. No.47185 of 2018 (2) dt.14-08-2018 2/2 the petitioner by stating that the injury on head is grievous in nature.

Having heard both sides, in view of the facts stated above and the nature of offence, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender before the court below and pray for regular bail, which would be considered on the merit of the case.

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