IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31366 of 2011 ====================================================== Vidyanand Paswan @ Vidya Paswan, son of late Nageshwar Paswan, resident of Vill. Maheshkhunt, Purwari Tola, P.s. maheshkhunt, Distt. Khagaria. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar @ Mannu, Advocate For the Informant/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. T. Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 307/149 and some other allied offences under the Indian Penal Code as also under Section 27 of the Arms Act. It is submitted by learned counsel appearing on behalf of the petitioner that there is a case and counter case from bothsides with respect to same occurrence and bothsides have sustained injuries. It is also submitted that entire occurrence has taken place because of bonafide land dispute between the parties. It is further highlighted that though the petitioner is alleged to have assaulted one Rabish Singh, but he has sustained only simple injury. Patna High Court Cr.Misc. No.31366 of 2011 (2) dt.15-10-2011 2 Learned Additional Public Prosecutor appearing for the State and learned counsel appearing on behalf of the informant in one voice have strongly opposed the prayer made on behalf of the petitioner for grant of anticipatory bail. It is highlighted by them that the petitioner is alleged to have assaulted injured Rabish Singh by spade (a sharp cutting weapon) on his head. It is further highlighted that few other persons have also sustained injuries at the hands of accused persons. Be that as it may, in view of nature of allegations and the weapon used by the petitioner, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is, accordingly, rejected. The petitioner must surrender in the court below in connection with Maheshkhunt P.S. Case No.16 of 2011 pending in the court of learned Chief Judicial Magistrate, Khagaria within a period of four weeks from today, and if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. Petitioner shall be at liberty to raise all the pleas including the old age of the petitioner for the purpose of grant of regular bail, which have been raised in the present petition. Anjani /- (Birendra Prasad Verma, J)