This is an order in an application for anticipatory bail. The court rejected the prayer when it found the injuries sustained by the accuser and his daughter were of a grievous nature. The application was dismissed.
The prayer for the grant of anticipatory bail was 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.58678 of 2022
Arising Out of PS. Case No.-141 Year-2022 Thana- DURAULI District- Siwan
======================================================
KRISHNA GOND S/o Bhagwan Sah @ Bhagwan Gond R/O VillageDarauli, P.S.- Darauli, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Amit Kumar Rakesh Mr. Rajiv Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 22-12-2022
Heard learned counsel for the petitioner, learned counsel
for the informant and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Darauli P.S. Case no.141 of 2022, registered for the offence punishable under Sections 147, 341, 447, 448, 323, 307, 379, 504, 506 of the Indian Penal Code.
The allegation against the petitioner is that he alongwith other co-accused persons assaulted the informant and his daughter by means of deadly weapons due to which they sustained injuries.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He
Patna High Court CR. MISC. No.58678 of 2022(2) dt.22-12-2022 2/2
has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He further submits that the petitioner and informant are close agnates and are living in the same house and there is a land dispute between them. The specific allegation is against the co-accused Kanhaiya Gond. Petitioner has three criminal antecedent.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submits that on perusal of the impugned order, it is evident that the injury is grievous in nature.
Having regard to the facts and circumstances of the case, since the injuries are grievous in nature, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J)
shikha/-
U T
2 issues framed by the court
Whether it was appropriate in the facts and circumstances of the case to grant anticipatory bail to the petitioner.
Whether the grievous nature of nature of injuries influenced the decision on bail.
2 provisions across 2 enactments
Krishna Gond
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
