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Patna High CourtCR. MISC./79087/2018bail rejected

Raj Kumar Baitha v. The State Of Bihar

2019-01-10Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79087 of 2018 Arising Out of PS. Case No.-233 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== Raj Kumar Baitha son of Ramashray Baitha, Residents of Village - Badarjimi, Ward No. 16, P.S. - Miraganj, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar For the Opposite Party/s :

Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Mirganj P.S. Case No. 233 of 2018 registered for offences under sections 147, 148, 149, 307, 504, 324 & 325 of the Indian Penal Code and Section 27 of the Arms Act. In the present case, an allegation has been made that the accused persons came and intercepted the victim and assaulted very badly by different weapons. It has also been alleged that the firing has been resorted which pierced the stomach of the victim and also used knife for piercing the stomach.

There is a case and counter case between the parties. Looking to the entire facts and circumstances of the

Patna High Court Cr.Misc. No.79087 of 2018(2) dt.10-01-2019 2/2 case and the fact that there is a direct allegation against the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Raj Kumar Baitha is rejected.

If the petitioner surrenders before the court below within a period of four weeks from today, the court below, without being prejudiced by this order, will pass orders in accordance with law.

(Shivaji Pandey, J) rishi/- U T