Anirudh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4293 of 2016 Arising Out of PS.Case No. -143 Year- 2015 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Anirudh Singh son of Sri Bhagwan Singh, Resident of village- Semraon, P.S.- Charpokhari, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for anticipatory bail in a case registered for the offences punishable under Sections 147, 341, 323, 325, 379, 504 and 506 of the Indian Penal Code.

The petitioner was granted provisional anticipatory bail vide order dated 07.09.2015 passed in Cr. Misc. No. 36125 of 2015 on submission that the informant has received simple injury and the case lodged by the petitioner's side was at earlier point of time. The provisional bail was to be confirmed by the learned court below if it is found that the informant has received simple injury but the learned court below

Patna High Court Cr.Misc. No.4293 of 2016 (2) dt.20-07-2016 comes to a conclusion otherwise the petitioner will surrender and pray for regular bail.

It is submitted by learned counsel for the petitioner that the informant has three injuries. The opinion with regard to injury no. 1 was kept reserved till the report of the xray and CT scan while injury nos. 2 and 3 were found simple in nature, but subsequently after examination of x-ray report injury no. 1 has been found simple but mechanically the opinion with regard to the nature of injury no. 2 has been changed from simple to grievous.

In view of the fact that on submission of counsel for the petitioner that the informant has received simple injury, this Court granted provisional anticipatory bail to the petitioner.

In the circumstances, this Court is not inclined to revise the earlier order, but keeping in view of the nature of accusation and the nature of injury caused, it is case for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Charpokhari P.S. Case No. 143 of 2015 pending in the court of learned Sub-divisional Judicial Magistrate, Bhojpur at Ara.

Patna High Court Cr.Misc. No.4293 of 2016 (2) dt.20-07-2016 Accordingly, this application is disposed of with the above observation/direction.

(Dinesh Kumar Singh, J) DKS/- U T