IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17261 of 2008 DEVNATH PANDEY Versus THE STATE OF BIHAR ----------- 3. 03.07.08. This is an application filed under Section 438 Cr.P.C. in connection with Paharpur P.S. Case No. 97 of 2005 (Trial No. 1745/08) for offence under Sections 341, 323, 324, 307, 379 and 504/34 I.P.C. Heard. Learned counsel for the petitioner submitted that the petitioner is a handicapped person. The injury report does not corroborate the allegation of assault on neck by Farsa by this petitioner. He also submitted that though charge sheet has been submitted in the case the petitioner was not sent up for trial. Learned A.P.P. opposed the prayer. As there is allegation of assault on neck by Farsa, I do not feel inclined to grant anticipatory bail to the petitioner. He is directed to surrender before the court of Shri P. K. Singh ‘Srinet’, Judicial Magistrate, Motihari and seek regular bail. In that event, learned Judicial Magistrate shall dispose of his regular bail application on merit of the case without being prejudiced by this order. M. Pal. (Rekha Kumari, J.)