Patna High CourtCR. MISC./33140/2017rejected

Awadhesh Prasad @ Awadh Prasad @ Arun Kumar Verma v. The State Of Bihar

2017-09-13Mr. Justice Shivaji Pandey2 pages

Patna High Court Cr.Misc. No.33140 of 2017 (4) dt.13-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33140 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -WAJIRGANJ District- GAYA ======================================================

1. Awadhesh Prasad @ Awadh Prasad @ Arun Kumar Verma Son of Late Prabhu Prasad , R/o Vill.- Tarma, P.S.- Wajirganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in Wajirganj P.S. Case No.26 of 2017 instituted for the offences under Sections 341, 323, 324, 325, 337, 427 and 307/34.

There is a case and counter case from both sides. Allegation has been made that Baiju Kumar gave a Garassa blow on the head of the informant and petitioner has assaulted the son of the informant by iron rod on his head. Learned counsel for the petitioner submits that nature of injury has been attached with the petition which does not corroborate the allegation made against the petitioner, inasmuch as petitioner has also received injury. Wife of the present

Patna High Court Cr.Misc. No.33140 of 2017 (4) dt.13-09-2017 petitioner has also lodged a case against adversary. In such view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of three weeks from today, the court below will pass an order on the same day on its own merit without being prejudiced by the order passed by this Court.

(Shivaji Pandey, J) Vinay/- U T