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Patna High CourtCR. MISC./46817/2016rejected

Balister Baitha v. The State Of Bihar

2017-02-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46817 of 2016 Arising Out of PS.Case No. -327 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Balister Baitha S/O Shyamlal Baitha, resident of Village- Pokharia, P.S.- Shikarpur, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 327 of 2016 registered under Sections341, 323, 307, 379 & 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner and informant are agnates and there is land dispute between the parties. Injury report shows that the injury is sustained on account of hard and blunt object where petitioner is alleged to have assaulted by means of farsa. Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named accused and there is direct allegation of assault against him.

Patna High Court Cr.Misc. No.46817 of 2016 (3) dt.08-02-2017 2/2 Considering the nature of allegations levelled against the petitioner and the submissions advanced on behalf of the State, I do not feel inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is, therefore, rejected.

(Arvind Srivastava, J) Manish/- U T