Petitioner seeking anticipatory bail in pending criminal case alleging assault and injuries. Court ruled that alibi plea is a trial matter, refused anticipatory bail, dismissed petition, and directed surrender for regular bail.
Prayer for anticipatory bail rejected; Petitioner directed to surrender and seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.57102 of 2017
Arising Out of PS.Case No. -174 Year- 2017 Thana -TEGHRA District- BEGUSARAI
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.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 12-02-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Teghra P.S. Case No. 174 of 2017 instituted for the offence under Sections 147, 148, 149, 447, 341, 323, 379, 307, 334, 504 and 506 of the Indian Penal Code.
Allegation against the petitioner is that he assaulted the informant with Khanti, causing injury on his right wrist.
Learned counsel for the petitioner has submitted that petitioner was not present on the date of occurrence rather he was in Ahmadabad. Injury report of the informant is available in para 27 and 32 of the case diary. The doctor has found, after x-ray, fracture on the lower portion on radius of right wrist.
The plea of alibi can only be seen at the time of trial.
Considering that there is specific allegation against the petitioner, I am not inclined to grant him anticipatory bail and, his such
Patna High Court Cr.Misc. No.57102 of 2017 (3) dt.12-02-2018
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prayer stands rejected.
Petition is dismissed accordingly.
Petitioner may surrender and pray for regular bail in the learned lower court and the court will dispose of the matter on the same day in accordance with law.
(Sanjay Priya, J)
sushma/U
2 issues framed by the court
Whether anticipatory bail should be granted in a case alleging assault with injury and threats under various sections of the IPC.
The maintainability of an alibi plea at the stage of criminal miscellaneous jurisdiction under Section 438 CrPC.
Ganesh Das
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
