Patna High Court rejected a petition for anticipatory bail in a criminal case involving assault with weapons, rejecting the petitioner's reliance on delayed medical board findings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24477 of 2016
Arising Out of PS.Case No. -311 Year- 2015 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Rajendra Mahto, Son of Late Jageshwar Mahto, Resident of villageBasudeopur Sarai, P.S.- Sahebganj, District- Muzaffarpur .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Man Mohan Kumar, Advocate. For the Opposite Party : Md. Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 5 24-08-2016 Heard the counsel for the petitioner and Md. Sufiyan, APP for the State.
Petitioner seeks anticipatory bail in Sahebganj P.S. Case No. 311 of 2015 punishable under sections 341,323,325,380,307,504/34 of the Indian Penal Code.
On the date of occurrence, the accused(s) persons including petitioner variously armed with lathi, danda, farsa etc. came to the darwaja and they assaulted on the head of the informant having intruded into the house. The petitioner also assaulted the brother of the informant with farsa which caused deep injury on the head.
Contention of the petitioner is that a medical board was subsequently constituted. Upon examination of the injured(s)
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the Board found healed scar on right parietal area of scalp. In his submission, the said report does not support the prosecution case. Both parties are on inimical terms.
Learned counsel for the State on the other hand submits that immediately after receiving the injury, the injured brother of the informant was examined by the doctor at the Government Hospital, wherein sharp cut injury was found on the head. The medical board examined the injured about 6-7 months after the incident. Referring to the impugned order, it is submitted that the injured(s) as well as other witnesses, in course of investigation have supported the allegation.
Considering the allegation and the other facts reflecting the record, I am not persuaded to extend the privilege of anticipatory bail.
The Prayer is rejected.
(Kishore Kumar Mandal, J.)
ravi/U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving assault with weapons?
Rajendra Mahto
The State of Bihar
KISHORE KUMAR MANDAL
As recorded by the court registry
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