The Patna High Court dismissed an application for anticipatory bail in a criminal trial case related to assault and grievous injuries. The bench held that the severity of injuries sustained did not make the case a fit remedy for bail.
Application for anticipatory bail dismissed.
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.23479 of 2023
Arising Out of PS. Case No.-235 Year-2018 Thana- JAMUI District- Jamui
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar, Advocate For the Opposite Party/s : Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
Heard the learned counsel for the petitioners and learned APP for the State.
This is an application for grant of anticipatory bail in connection with Jamui P.S. Case No.235 of 2018, registered for offences under Sections 341, 323, 379, 307, 447, 504, 506/34 of the IPC.
The case of the prosecution, in brief, according to the informant, is that on 08.05.2018, at about 4 p.m., the patidars (agnates) of the informant, namely, Jago Mahto, Sujit Mahto (petitioner no.1) and Ravish Mahto (petitioner no.2) started cutting the palm trees of the informant and
Patna High Court CR. MISC. No.23479 of 2023(2) dt.24-06-2023 2/3
when the informant had protested, they had abused the informant resulting in him returning back to his home. It is further alleged that subsequently, the petitioner no.1 armed with iron rod and the petitioner no.2 armed with khanti had come to the door of the house of the informant and had assaulted the informant resulting in him sustaining head injuries, whereafter the accused persons had also assaulted the brother of the informant, who had also sustained serious injuries.
The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent.
Per contra , the learned APP for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and has also referred to the impugned order dated 18.11.2022, to submit that the injuries sustained by the informant and his brother have been found to be grievous in nature, hence no sympathy should be shown towards the petitioner.
Patna High Court CR. MISC. No.23479 of 2023(2) dt.24-06-2023 3/3
Having regard to the facts and circumstances of the case and taking into account the materials available on record, as also considering the fact that the injuries, sustained by the informant and his brother, attributable to the petitioners herein, are grievous in nature, 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)
kanchan/-
U T
1 issue framed by the court
Whether the present case constitutes a fit case for the grant of anticipatory bail considering the grievous nature of injuries sustained by the informant and his brother.
1 provisions across 1 enactments
Sujit Kumar Mahto @ Sujit Mahto
Ravish Mahto
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
