Patna High CourtCR. MISC./68933/2019dismissed

Umesh Bhagat v. The State Of Bihar

2019-11-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68933 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== UMESH BHAGAT Son of Ram Lakhan Bhagat Resident of VillageFatehpur, P.S.- Rajepur, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Rajepur P.S.Case No.90 of 2019 registered for offences punishable under Sections 147, 341, 323, 307 385 of the Indian Penal Code.

As pef the FIR there is allegation against the petitioner of assault by Talwar to the informant and there is repetition of the assault also by Talwar.

Submission of the learned counsel for the petitioner is that there is land dispute between the parties and the case was earlier also filed by the petitioner's side and the injury report shows that the injury was caused by sharp and pointed weapon. Heard learned A.P.P. , who has opposed the prayer for bail stating that there is repeated assault by the petitioner and one of

Patna High Court CR. MISC. No.68933 of 2019(2) dt.04-11-2019 2/2 the injuries was found to be grievous in nature.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T