The Patna High Court rejected the petitioner's application for anticipatory bail in a case involving serious assault with an iron rod causing grievous injury, citing the gravity of the offense.
Application for anticipatory bail 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.8482 of 2019
Arising Out of PS. Case No.-234 Year-2018 Thana- AWTARNAGAR District- Saran
======================================================
Khelari Rai, son of Late Ram Sagar Rai, Resident of village-Kothiya Pran Rai Ke Tola, P.S.-Awatar Nagar, District-Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kr Singh No.1 For the Opposite Party/s : Mr.Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
5 26-06-2019
Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the State.
Petitioner apprehends his arrest in connection with Awatar Nagar P.S. Case No.234 of 2018 for the offence punishable under Sections 147, 148, 149, 341, 324, 307, 379, 354, 504, 506 of the Indian Penal Code.
The allegation against the petitioner is that he along with other accused persons gave blow on the head of one Uma Shankar Rai with iron rod.
Learned counsel for the petitioner submits that there was case and counter case between the parties inasmuch as the side of the petitioner have also received injury and have lodged FIR for the same occurrence on 04.11.2018. There was land
dispute between the parties which has caused the present occurrence. The learned counsel for the petitioner has further
Patna High Court CR. MISC. No.8482 of 2019(5) dt.26-06-2019 2/2
submitted that petitioner has no criminal antecedent and deserves to be enlarged on anticipatory bail.
On the other hand, learned counsel for the informant submits that the petitioner has assaulted with iron rod on the vital part of the victim, Uma Shankar Rai, and the Doctor has opined the injury as grievous in nature.
After having considered the submissions made by learned counsel for the petitioner as well as learned counsel appearing on behalf of the informant, it appears that the injury caused to the victim was grievous in nature inflicted by iron rod on the vital part. Accordingly, I am not inclined to grant anticipatory bail to the petitioner and the same is hereby rejected.
(Anil Kumar Sinha, J)
sanjeev/-
U T
2 issues framed by the court
Whether the petitioner deserves to be enlarged on anticipatory bail in serious offence cases involving grievous injury.
What factors influence the grant or rejection of anticipatory bail in cases of rioting and assault with a weapon.
Khelari Rai
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
