The High Court rejected the petitioners' prayer for anticipatory bail regarding offences of assault, grievous hurt, and attempted murder arising from a land dispute. The court directed the petitioners to remove defects in the petition within one month.
Prayer for anticipatory bail rejected; defects in the petition to be removed within one month.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7578 of 2022
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Kashyap Mr. Akash Shankar For the Opposite Party/s : Mr.Jagdhar Prasad Mr. J.N.Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER
2 29-08-2022
The learned counsel for the petitioners is directed
to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioners and learned counsel for the informant.
The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 354 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Barh P.S.Case No. 369 of 2021.
As per allegation, when the mother of the informant
Patna High Court CR. MISC. No.7578 of 2022(2) dt.29-08-2022 2/3
was passing through, meanwhile the petitioner opened fire by a rifle and also misbehaved with the mother and sister of the informant. When the father of the informant went there to rescue them, the accused persons assaulted him. These three petitioners assaulted on the head of the informant’s father and they also made them badly injured.
The learned counsel for the petitioners has submitted that there is case and counter case. Both the parties are agnates and there is land dispute between the parties. He has submitted further that petitioners persons of clean antecedent.
On the other hand, learned counsel for the informant as well as Mr. J.N.Thakur, learned APP have opposed the prayer for anticipatory bail and submitted that there is specific allegation against the petitioners that they assaulted on the head of the father of the informant and they also assaulted his mother. The injured persons have sustained grievous injuries and the process under Section 82 of the Cr.P.C. has been issued in this case.
Considering the above facts and circumstances of the case, petitioners are not entitled for anticipatory bail. Their prayer for anticipatory bail is hereby rejected.
Office shall ensure that all defects are removed by
Patna High Court CR. MISC. No.7578 of 2022(2) dt.29-08-2022 3/3
the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the
notice of this Court
(Nawneet Kumar Pandey, J)
HR/-
U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in a case alleging assault and opening fire.
Whether the proper officer should remove defects in the anticipatory bail petition within the stipulated time.
8 provisions across 3 enactments
Ravi Ranjan Kumar and others
State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
