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Patna High CourtCR. MISC./75701/2019rejected

Sanni Deawal Kumar Mali @ Sanni Deawal Mali v. The State Of Bihar

2021-02-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75701 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== Sanni Deawal Kumar Mali @ Sanni Deawal Mali, aged about 31 years, Male, Son of Brijraj Bhagat Mali, Resident of Village Harkhouli, Tola West, P.S. Mirganj, District Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Bhakta For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2021 Heard both sides.

The petitioner apprehends his arrest in Mirganj P.S. Case No.109 of 2019, registered under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

In sum and substance, the informant alleged that the petitioner assaulted the informant with bricks on his head causing injury on head and blood started oozing from the nose of the informant.

Learned counsel for the petitioner submits that there is a land dispute between the two sides. A title suit being Title Suit No.70 of 2017 is pending. All other accused persons have already been granted anticipatory bail by the learned Sessions Judge. Since there is allegation that the petitioner assaulted the

Patna High Court CR. MISC. No.75701 of 2019(8) dt.19-02-2021 2/2 informant with bricks on his head, prayer for anticipatory bail was rejected but there is no injury report.

From the facts, it appears that it was the petitioner who caused head injury by giving blow with bricks on the head of the informant causing blood oozing injury in the nose. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

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