Patna High CourtCR. MISC./13116/2018dismissed

Dukhan Manjhi v. The State Of Bihar

2018-05-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13116 of 2018 Arising Out of PS.Case No. -222 Year- 2017 Thana -NARHAT District- NAWADA ======================================================

1. Dukhan Manjhi, Son of Baleshwar Manjhi, Resident of Village- Jamui, P.S. Sitamarhi, Dist.- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2018 The petitioner is apprehending his arrest in connection with Narhat (Sitamarhi) P.S. Case No. 222/2017, registered for offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioner is of assaulting by khanti on the head of the informant.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and happens to be a labour of one Gorelal and he assaulted the informant on the order of said Gorelal and other co-accused persons have already been given the privilege of anticipatory bail. However, he fairly acceded that there is no allegation against other accused persons is of assault to the informant.

Patna High Court Cr.Misc. No.13116 of 2018 (3) dt.02-05-2018 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that injury sustained by the informant was found to be grievous in nature, I am not inclined to grant anticipatory bail to the petitioner, this application is accordingly dismissed.

However, the petitioner may surrender before the court below and pray for regular bail, which will be considered by the court below on the basis of materials available on record, without being prejudiced by the order of this Court.

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