Baijnath Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14193 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- GARKHA District- Saran ====================================================== Baijnath Rai S/o- Ramashish Rai Resident of Village- Panapur, Gaurahi, P.S.- Hajipur Sadar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shri Nandan Prasad Singh, Adv.
For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred the instant application for grant of regular in a case registered under section 307 and other sections of the Indian Penal Code.
As per allegation in the F.I.R., the petitioner is stated to have assaulted Jai Prakash with a sword on his head and the informant with gupti on his cheek.
It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The petitioner as per the F.I.R. assaulted with the sword and gupti at the same time which is unbelievable. The injury report has been prepared by a doctor in private hospital. The petitioner is in custody since 6.12.2020 and has no criminal
Patna High Court CR. MISC. No.14193 of 2021(3) dt.24-08-2021 2/2 antecedent. Investigation in the case has concluded. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the contents of the injury report of Jai Prakash Rai and Saroj Rai, injury of both having been found to be grievous in nature, this Court is not inclined to enlarge the petitioner on bail and the application is rejected. Liberty is granted to the petitioner to renew his prayer for bail after six months.
(Partha Sarthy, J) Bibhash U