Petitioners sought anticipatory bail after earlier rejection, alleging injury was simple. The court found no fresh grounds and rejected the prayer, upholding the earlier decision under Section 307 IPC and other sections.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36733 of 2017
Arising Out of PS.Case No. -97 Year- 2016 Thana -BANGAON District- SAHARSA
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====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
4 18-10-2017 Heard both sides.
The petitioners apprehend their arrest in Bangaon P.S. Case No. 97 of 2016 under Section 307 and other sections of the Indian Penal Code.
The prayer for anticipatory bail of the petitioners was earlier rejected on 28.04.2017, passed in Cr. Misc. No. 16246 of 2017, but, the petitioners again moved this petition for grant of anticipatory bail on the ground that the injury found on the person of the informant was opined as simple in nature.
I find that all the facts of this case were considered. There is allegation against petitioner no. 1, Mukesh Poddar, that he fired and while the informant was fleeing away petitioner no. 2, Rajesh Poddar, threw bricks on his head. The informant got injury on his head.
Considering the facts, aforesaid, prayer for anticipatory bail was earlier rejected, I do not find any fresh ground to consider the prayer for anticipatory bail, again.
Hence, the prayer for anticipatory bail is rejected .
(Prabhat Kumar Jha, J)
SA/-
U √ T √
2 issues framed by the court
Whether the petitioners are entitled to an anticipatory bail considering there are no fresh grounds since the earlier rejection.
Whether the nature of injury reported as simple serves as a fresh ground for grant of anticipatory bail.
Mukesh Poddar
Rajesh Poddar
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
