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Patna High CourtCR. MISC./42801/2016rejected

Sonu Kumar @ Sonu Mishra v. The State Of Bihar

2016-12-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42801 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -PARWATTA District- KHAGARIA ====================================================== Sonu Kumar @ Sonu Mishra Son of Ramchandra Mishra resident of Village- Kabela, P.S.- Parbatta, District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Parbatta P.S. Case No. 23 of 2016 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. No doubt, the alleged occurrence is said to have taken place on account of land dispute and one co-accused has already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court but I do not feel it proper to extend the privilege of anticipatory bail to petitioner because informant and others sustained injury caused by sharp cutting weapon and one of the injured sustained grievous injury on his temporal region.

Patna High Court Cr.Misc. No.42801 of 2016 (3) dt.15-12-2016 2/2 Accordingly, the prayer for anticipatory bail of the petitioner in connection with Parbatta P.S. Case No. 23 of 2016 pending in the court of Chief Judicial Magistrate, Khagaria stands rejected. However, if petitioner surrenders and seeks regular bail before the court below within four weeks from the date of receipt/production of copy of this order, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that one co-accused has already been admitted to anticipatory bail by a co-ordinate Bench of this Court. (Hemant Kumar Srivastava, J) SHAHZAD/- U T