Patna High CourtCR. MISC./47941/2018rejected

Sunil Tiwary @ Sunil Kumar Tiwary v. The State Of Bihar

2018-11-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47941 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== Sunil Tiwary @ Sunil Kumar Tiwary, Son of Late Ramakant Tiwary, Resident of Village- Karkathan, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Brij Bihari Tiwary, Adv For the Opposite Party/s :

Mr. Sri Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341,323,324,307,504,34 of the Indian Penal Code.

There is case and counter case.

Allegation is that the petitioner allegedly assaulted with Farsa causing injury at the head of the informant. Submission of learned counsel for the petitioner is that the Doctor has not found any sharp cut wound at the head of the informant rather lacerated wound was found. There is no allegation of repetition of blow. Further submission is that

Patna High Court Cr.Misc. No.47941 of 2018(4) dt.27-11-2018 2/2 Annexure-3 would reveal that the occurrence took place for dispute relating to cleaning of a pond. Considering the fact that the petitioner had knowledge that his act might cause death,I am not inclined to enlarge the petitioner on anticipatory bail in connection with Kateya P.S.Case No.109 of 2018 pending in the court of learned Chief Judicial Magistrate, Gopalganj.

Accordingly, prayer is refused.

However, in the event of surrender of the petitioner, prayer for regular bail shall be considered without being prejudiced by this order on its own merit. (Birendra Kumar, J) Nitesh/- U T