Patna High CourtCR. MISC./429/2018rejected

Rama Shankar Bari @ Ram Shankar Vari v. The State Of Bihar

2018-01-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.429 of 2018 Arising Out of PS.Case No. -40 Year- 2017 Thana -RISHIYAP District- AURANGABAD ====================================================== Rama Shankar Bari @ Ram Shankar Vari, Son of Late Harihar Bari, Resident of Village- Babhandih, P.S.- Rishiyap, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dronacharya For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2018 Heard both sides.

The petitioner apprehends his arrest in Rishiyap P.S. Case No.40 of 2017 registered under Sections 341, 342, 323, 325 and 307/34 of the Indian Penal Code.

The petitioner is alleged to have assaulted Raj Vijay Singh with lathi on his head and there is corresponding injuries. The learned counsel for the petitioner submits that on account of land dispute, the occurrence took place. From perusal of the record, it appears that the prayer for anticipatory bail of Sheo Shanker Bari and Ram Basat Bari has already been rejected vide order dated 20.12.2017 passed in Cr. Misc.No.54812 of 2017. The case of the petitioner stands on the same footing.

Patna High Court Cr.Misc. No.429 of 2018 (2) dt.16-01-2018 2/2 Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail is hereby rejected.

If the petitioner surrender before the Court below, the Court below shall consider the regular bail petition on its own merit taking into consideration that on account of assault made by the petitioner on the head of the informant simple injury and dispose of the bail petition in accordance with law.

(Prabhat Kumar Jha, J) Sanjeev/- U T