Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41825 of 2014 Arising Out of PS.Case No. -210 Year- 2012 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Prakash Rai, Son of Daragi Ray, Resident of Village- Barniya, P.S.- Kusheshwar Asthan, District- Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gajendra Prasad Yadav, Advocate.

For the Opposite Party : Mr. Shailendra Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-05-2015 Heard both sides.

The petitioner apprehends his arrest in Kusheshwarsthan P.S. Case No. 210 of 2012, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

The petitioner is alleged to have assaulted Sita Ram Ray with Pharsa on his head as it appears from the injury report Annexure-2. Sita Ram Ray got one lacerated wound on the top of the scalp and another lacerated wound on the occipital region of the scalp.

Learned counsel for the petitioner submits that there is a counter version. The petitioner also got pellet injury. From perusal of the injury report it appears that author

Patna High Court Cr.Misc. No.41825 of 2014 (3) dt.13-05-2015 2/2 of the injury found on the head of Sita Ram Ray is the petitioner, hence, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T