Single-judge full bench of the Patna High Court rejected a prayer for anticipatory bail filed by five petitioners accused in a criminal case alleging assault and throwing the informant's son into a pond. The court found the allegations credible and unfit for bail.
Petition for anticipatory bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1357 of 2015
Arising Out of PS.Case No. -163 Year- 2014 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== 1. Deepak Keshari @ Dipak Kumar Son of Late Ram Awatar Keshari 2. Pradeep Keshari Son of Late Ram Awatar Keshari 3. Radhey Shyam Keshari Son of Late Ram Awatar Keshari 4. Tishu Keshari @ Tishu Kumar Keshari Son of Prabhu Keshari 5. Chhotu Keshari @ Chhotu Kumar Son of Lale Keshari all are resident of village +Post Office - Hata, Police Station - Chainpur, District- Kaimur (Bhabua) .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Pathak, Advocate. For the Opposite Party/s : Mr. Md.Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 02-02-2015 Heard both sides. The petitioners apprehend their arrest in Chainpur P.S. Case No. 163 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that his son Ram Ashish Singh Yadav was going on his Bolero Jeep, but the petitioners and others intercepted, abused and assaulted him. They also threw the son of the informant in a pond.
Learned counsel for the petitioners submits that all the allegations are false and concocted. No occurrence as alleged by the informant has ever taken place on 30.09.2014. In fact, some
Patna High Court Cr.Misc. No.1357 of 2015 (3) dt.02-02-2015
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altercation had taken place on 29.09.2014. All the injuries are simple in nature except one which is found on the head of Ram Ashish Singh Yadav. The doctor has opined the injury to be grievous on account of fracture of parietal bone and the author of the injuries is Santosh Keshari who is not petitioner here.
It appears from perusal of record that the petitioners are alleged to have assaulted Ram Ashish Singh Yadav. Santosh Keshari was also one of the authors of the injuries. The occurrence took place only because the vehicle of the son of the informant touched in the Mandal of Goddess Durga. Thereafter, the petitioners and others are alleged to have assaulted Ram Ashish Singh Yadav with fists and slaps and hockey stick and also threw him in pond. Four injuries are found on different parts of the body of Ram Ashish Singh Yadav and one out of four injuries is grievous in nature.
Considering the facts aforesaid, I do not find the case fit for grant of anticipatory bail. Accordingly, the prayer for anticipatory bail of all the above named petitioners is rejected.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners accused of assault under IPC Section 307.
Deepak Keshari @ Dipak Kumar and others
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
