Ashok Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68602 of 2022 Arising Out of PS. Case No.-193 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== ASHOK TANTI S/o Late Baijnath Tanti R/o Village- Ramnagar, P.S.- Halsi, Distt- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Halsi P.S. Case No.193 of 2022, registered for the offences punishable under Sections 448, 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The petitioner is said to have assaulted the informant by means of butt of a pistol on the forehead of the informant causing grievous injury to him.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that one co-accused, Dharmvir Kumar also assaulted the informant by means of khanti on his head, therefore, it is

Patna High Court CR. MISC. No.68602 of 2022(2) dt.25-02-2023 2/2 difficult to find out that who caused grievous injury to the informant. after investigation, the police submitted final form against the petitioner, but the learned court below after differing with the final form took cognizance against the petitioner. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the fact that the injury sustained by the informant is grievous in nature, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) S.KUMAR/- U T