Petitioner sought anticipatory bail in a case of alleged group assault with weapons and open firing causing grievous injury. The court found the injury grievous and declined bail, rejecting the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11827 of 2023
Arising Out of PS. Case No.-402 Year-2022 Thana- KAUWAKOL District- Nawada
======================================================
RANDHIR KUMAR SON OF DIENSH KUMAR PASWAN R/O VILLAGESAROUNI, P.S.- KAWAKOLE, DISTRICT- NAWADA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Ram Bilash Roy Raman ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4 06-07-2023 Heard the parties.
The petitioner apprehends his arrest in connection with Kawakole P.S. Case No.402 of 2022, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 34 of the Indian Penal Code and Section 27 of Arms Act.
The allegation against the petitioner is that he along with other co-accused persons assaulted the informant by means of several weapons due to which he sustained injury. It is also alleged that the petitioner made open firing in the air.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and
Patna High Court CR. MISC. No.11827 of 2023(4) dt.06-07-2023 2/2
omnibus in nature. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is a specific allegation against the petitioner and the final injury report is enclosed in the case-diary, from which it is clear that the injury has been found grievous in nature.
Having regard to the facts and circumstances of the case as the injury was found to be 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
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in Kawakole PS Case No.402 of 2022 involving grievous injury to the informant.
2 provisions across 2 enactments
Randhir Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
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