In a criminal miscellaneous matter, the High Court rejected the petitioner's prayer for anticipatory bail in a case involving assault allegations under the IPC, holding that the petitioner does not deserve relief based on the nature of the FIR and injury report.
Prayer for anticipatory bail 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.44429 of 2022
Arising Out of PS. Case No.-150 Year-2021 Thana- BAIRIYA District- West Champaran
====================================================== BHUPENDRA SHARMA SON OF LATE MAGANI SHARMA R/O VILLAGE- BHEDIHARWA, P.S.- BAIRIYA, DISTRICT- (WEST CHAMPARAN), BIHAR
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Mishra For the Opposite Party/s : Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
7 02-05-2023
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Bairiya P.S. Case No. 150 of 2021 registered under Sections 323, 324, 325, 379 and 504/34 of the I.P.C.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Further he submits that petitioner has no criminal antecedent.
Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is named in the first information report. From perusal of first informant report, it appears that there is direct allegation
Patna High Court CR. MISC. No.44429 of 2022(7) dt.02-05-2023 2/2
of assault on the head of the informant by means of farsa with intention to kill him. The injury report also corroborates the same. Hence, the petitioner does not deserve to be enlarged on anticipatory bail.
Having considered the facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioner.
Accordingly, prayer of the petitioner is rejected.
(Arvind Srivastava, J)
shailendra/-
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on anticipatory bail in a case involving criminal antecedents and direct assault allegations.
1 provisions across 1 enactments
Bhendra Sharma (Son of Late Magani Sharma)
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
