Mukesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42492 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -NARHAT District- NAWADA ====================================================== Mukesh Chaudhary, Son of Bhola Chaudhary, R/o Village - Bajitpur, P.S. - Narhat, District - Nawadah.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 307 and 379/34 of the Indian Penal Code. During course of assault, the petitioner allegedly caused injury with rod at the head of the informant. The Doctor has found head injury though simple in nature.

Submission of the learned counsel for the petitioner is that there is no allegation of repetition of blow. Hence, offence under Section 307 of the Indian Penal Code is not attracted. Since the petitioner had knowledge that his act might cause death, I am not inclined to enlarge him on anticipatory bail

Patna High Court Cr.Misc. No.42492 of 2017 (2) dt.21-09-2017 2 /2 in connection with Narhat P.S. Case No. 77 of 2017 pending in the court of learned 5th Additional Chief Judicial Magistrate, Nawada. Hence, prayer for bail is refused.

(Birendra Kumar, J) Kundan/- U T