Sri Chandra Mukhia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49768 of 2018 Arising Out of PS.Case No. -201 Year- 2018 Thana -RUNISAIDPUR District- SITAMARHI ======================================================
1. Sri Chandra Mukhia, S/o Late Rameshwar Mukhiya, Resident of Village- Thumma, P.S.- Runnisaidpur, Dist.- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Runnisaidpur P.S. Case No.201 of 2018 registered for offences punishable under Sections 147, 148, 149, 324, 307, 354, 379 and later on Section 302 of the Indian Penal Code has been added. As per F.I.R., allegation against the petitioner is of assault with DAB on the head of the informant, causing unconscious and injury to him and when wife of the informant came to save him she was also assaulted by the petitioner and also looted the household articles.
Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and the entire prosecution case is false and concocted. It is also submitted
Patna High Court Cr.Misc. No.49768 of 2018 (2) dt.29-08-2018 2/2 that nothing specific has been attributed against the petitioner rather allegations are general and omnibus and the petitioner has clean antecedent.
Learned A.P.P. opposes the prayer for bail.
In view of allegation against the petitioner, above named, is of assault with DAB on the head of the informant, causing death after one month, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) Sudha/- U T