Patna High CourtCR. MISC./44102/2018dismissed

Pankaj Kumar Mathr @ Pankaj Mathur v. The State Of Bihar

2018-08-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44102 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -TANKUPPA District- GAYA ======================================================

1. Pankaj Kumar Mathr @ Pankaj Mathur, Son of Sideshwar Prasad Mathur alias Sideshwar Mathur, Resident of Village- Chowar, P.S. Tankuppa, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ramesh Singh For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2018 The petitioner is apprehending his arrest in connection with Tankuppa P.S. Case No. 29/2018, registered for offences punishable under Sections 147, 148, 149, 302 and 307 of the Indian Penal Code.

Allegation as per F.I.R. is that petitioner and other accused persons assaulted the deceased and specific allegation is against the petitioner is of assault by sword to one Ujjwal Kumar on head causing injury.

Submission of learned counsel for the petitioner is that there is no allegation of assault by the petitioner to the deceased rather petitioner assaulted one Ujjwal Kumar and the injury was said to be inflicted by sword, which is sharp cutting weapon, however, it has been opined that the said injury on the head of the

Patna High Court Cr.Misc. No.44102 of 2018 (3) dt.16-08-2018 2/2 said Ujjwal Kumar has been caused by hard and blunt substance. Heard learned A.P.P. also who opposed the prayer for anticipatory bail of the petitioner by stating that the petitioner is also a participant in the occurrence and injury is grievous on the person of Ujjwal Kumar.

Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender before the court below and pray for regular bail, which would be consider on the merit of the case. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T