The High Court disposed of an anticipatory bail petition. The court noted serious grievous injuries to the informant, attributable to the petitioner's alleged assault, and found the case not fit for anticipatory bail, dismissing the petition.
Petition for anticipatory bail dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8354 of 2020
Arising Out of PS. Case No.-45 Year-2019 Thana- PIPRASI District- West Champaran
======================================================
RADHEY KUSHWAHA @ RADHA KUSHWAHA Son of Beni Kushwaha Resident of Village- Pipariya, P.S.- Piprasi, Distt- West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kr Singh No. 1 For the Opposite Party/s : Mr.Meena Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
5 23-06-2020
The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and Mrs. Meena Singh, the learned A.P.P. appearing for the State.
The petitioner apprehends his arrest in connection with Piprasi P.S. Case No. 45 of 2019 for the offence punishable under Sections 341, 323, 324, 379, 504/34 of the Indian Penal Code.
The case of the prosecution in brief is that the accused persons including the petitioner herein had surrounded the informant and had then abused him as also assaulted him with lathi , danda and Tangi . As far as the petitioner is
Patna High Court CR. MISC. No.8354 of 2020(5) dt.23-06-2020 2/2
concerned, he is alleged to have assaulted the informant with Tangi on his head.
The learned counsel for the petitioner has submitted that the the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the present case arises out of a case and counter case and both parties have received injuries.
The learned A.P.P. appearing for the State has vehemently opposed the prayer for anticipatory bail.
Having heard the learned counsel for the parties and considering the submissions made by them as also having taken into account the materials available in the case diary, it is apparent that the informant has received serious injury on his right side of scalp, which is clearly attributable to the allegation of assault on the informant by the petitioner herein and the injuries have been found to be grievous in nature. Thus, I do not find the present case to be a fit case for grant of anticipatory bail, hence the present petition stands dismissed.
(Mohit Kumar Shah, J)
Tiwary/-
U T
1 issue framed by the court
Whether the case constitutes a fit case for granting anticipatory bail under Section 438 CrPC.
RADHEY KUSHWAHA
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
