Single judge oral order rejecting the prayer for anticipatory bail filed by petitioners in a criminal case alleging assault with grievous consequences against family members of the informant.
Prayer for anticipatory bail of the petitioners 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.36341 of 2020
Arising Out of PS. Case No.-90 Year-2020 Thana- BELHAR District- Banka
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... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Md. Najmul Hodda For the Opposite Party/s : Mr. APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 09-04-2021 Heard both sides.
Petitioners apprehend their arrest in Belhar P.S. Case No.90 of 2020, registered under Sections 341, 323, 325, 307, 448, 504, 506 and 34 of the Indian Penal Code.
The informant named the petitioners and others and made specific allegation that petitioners assaulted him, his wife and son and they all got fracture injury on different parts of the body.
Learned counsel for the petitioners submits that there is land dispute between the two sides. The injured got simple
Patna High Court CR. MISC. No.36341 of 2020(2) dt.09-04-2021 2/2
injury. Other accused persons have already been granted anticipatory bail by the learned court below, but it appears that only injury of Gokul Pandit and his son Tuntun Kumar are annexed. Gokul Pandit got fracture injury in left humerus while his son got injury on his hand, wrist, left foot and left shoulder. Tuntun Kumar, the son of the informant did not get injury of bony fracture and that is why the injury was opined to be simple in nature, but the injury of the wife of the informant has not been annexed. There is specific allegation that the petitioners indiscriminately assaulted Gokul Pandit, his wife and son causing multiple injuries on different parts of the body of the injured.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioners in a case alleging assault causing fractures.
Whether the nature of injuries and lack of specific injuries to the informant's wife warrant enlargement on bail.
1 provisions across 1 enactments
Bishwanath Pandit et al.
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
