In a criminal miscellaneous matter, the Patna High Court rejected the petitioner's prayer for anticipatory bail under Section 438 CrPC (implied) as the court found specific allegations of assault attributed to the petitioner by the injury report.
Prayer for anticipatory bail is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 70264 of 2019
Arising Out of PS. Case No.-99 Year-2019 Thana- ARIYARI District- Sheikhpura
======================================================
SUDHIR MAHTO, Son of Arjun Mahto, Resident of Village - Jakhaur, P.S.Ariyari in the District of Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ======================================================
CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
4 19-12-2019
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner apprehends arrest in connection with Ariyari Police Station Case No 99 of 2019 instituted for the offence under Section(s) 341, 323, 324, 307, 427, 504, 506 of Indian Penal Code.
It is submitted that the petitioner has been implicated in this case falsely. An altercation has taken place on account of dispute for fixing a tank upon the land which is claimed by the informant as well as the petitioner. No specific assault has been attributed to the petitioner. Allegations are general and omnibus.
The learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.70264 of 2019(4) dt.19-12-2019 2/2
submitting that there is specific allegation of assault attributed to the petitioner by means of Khanti . However, the injury report has found a muscle deep wound. The x-ray report was not available at the time of injury report.
In view of the specific assault having been attributed to the petitioner on the head of the informant, who is a female, this Court does not consider it a fit case for grant of anticipatory bail to the petitioner. Prayer is rejected.
(Madhuresh Prasad, J)
M.E.H. /-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging assault.
Whether the allegations against the petitioner invite a grant of anticipatory bail.
Sudhir Mahto
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
