Patna High CourtCR. MISC./66631/2019dismissed

Suyeb Baitha v. The State Of Bihar

2020-01-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66631 of 2019 Arising Out of PS. Case No.-631 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== Suyeb Baitha, Son of Habib Baitha, Resident of Village - Bhawanipur, P.S.- Narpatganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 This is an application for grant of anticipatory bail in connection with Narpatganj P. S. Case No. 631 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354B, 379 and 504 of the IPC.

As per F.I.R. while the sister of the informant and his family members were talking with each other at their door, the accused persons including the petitioner came there and there is allegation against the petitioner and one Habib Baitha that they have assaulted Jahangir Baitha by farsa and sword on the head, causing severe injury to him.

Submission of the learned counsel for the petitioner is that there is case and counter case between the parties. Both the parties have received injuries and the allegations against the petitioner and other accused persons, there is no specific

Patna High Court CR. MISC. No.66631 of 2019(4) dt.09-01-2020 2/2 allegation against the petitioner of assault. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that said Jahangir Baitha had five injuries on his person and one of the injury has found grievous in nature.

Having heard both sides, in view of the above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender before the learned court below and make prayer for regular bail, the same shall be considered on its own merit, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T