Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6821 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -JALALPUR District- SARAN ====================================================== Rajesh Rai son of Harendra Rai, resident of village- Sawari, P.S. Jalalpur, District- Saran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Jalalpur P.S. Case No. 164 of 2016 for the offences instituted under Sections 341, 323, 324, 307, 354, 379 and 34 of the Indian Penal Code.

The allegation against the petitioner is assaulting the informant by means of farsha on his head, causing head injury. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner and the informant are co-villagers. The doctor has not disclosed the nature of injury in the injury report. The allegation

Patna High Court Cr.Misc. No.6821 of 2017 (2) dt.13-02-2017 2/2 is of single blow hence no offence under Section 307 of the Indian Penal Code is made out against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. There is specific allegation of causing injury on the head of the informant. The injury report corroborates the allegations made in the F.I.R. Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail of petitioner is rejected in connection with Jalalpur P.S. Case No. 164 of 2016, pending in the court of learned A.C.J.M.-IX, Saran at Chapra. Anyhow if the petitioner surrenders in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order, preferably on the same day.

(Sudhir Singh, J) Amit/- U T