Basant Kumar Singh @ Pankaj Kumar @Basant Kumar@Pankaj Kumar Singh@Pankaj Kumar@Pankaj Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.31821 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31821 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Basant Kumar Singh @ Pankaj Kumar @ Basant Kumar @ Pankaj Kumar Singh @ Pankaj Kumar @ Pankaj Singh S/o Chandeshwar Singh, a Resident of Village-Madarihan, P.S.-Chapokhari, Dist. Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr. Satish Kumar Sinha For the Informant : Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s : Mr. Sri Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

13-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in relation to Charpokhari P.S. Case No. 163/2016 registered under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code pending before learned Additional Chief Judicial Magistrate - II, Ara.

Learned Senior counsel for the petitioner submits that there is case and counter case arising out of the alleged occurrence. He would further submit that although there are allegations against the petitioner in the First Information Report, however, those are false and concocted. The petitioner has been falsely implicated in this case and

Patna High Court Cr.Misc. No.31821 of 2017 (2) dt.13-07-2017 the dispute is on going between the family of the petitioner and the informant, partition suit is also going on, as submitted.

On the other hand, learned counsel for the informant opposes the prayer for Anticipatory Bail of the petitioner and submits that there is direct allegation of assault against this petitioner and the injuries sustained are grievous in nature.

In the facts and circumstances of the case, I am not inclined to grant Anticipatory Bail to the petitioner. Accordingly, prayer for Anticipatory Bail of the petitioner is rejected.

However, petitioner, if so advised, may surrender before the court below and prays for regular bail, the same shall be considered on its own merit taking into consideration the entire materials available on record without being prejudice of the order of this Court. (Rajeev Ranjan Prasad, J.) Rajeev/- U T