Brijnandan Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.6155 of 2020 Arising Out of PS. Case No.-207 Year-2019 Thana- RAJPUR District- Buxar ====================================================== 1.
BRIJNANDAN LAL Son of Late Suraj Lal Resident of Village-Rajpur, P.S.- Rajpur, District-Buxar.
2.
Sambhu Kumar @ Sambhu Srivastva Son of Brijnandan Lal Resident of Village-Rajpur, P.S.-Rajpur, District-Buxar.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Umesh Lal Verma, APP For the Informant :
Mr. Manendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-07-2020 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. Petitioners, in the present case, are seeking anticipatory bail in connection with Rajpur P.S. Case No. 207 of 2019 registered for the offences under Sections 147, 149, 341, 323, 324, 307 and 504 of the Indian Penal code. Learned counsel for the petitioners submits that there is a land dispute between the parties and in this connection earlier also a case was lodged by petitioner no. 1 being Rajpur P.S. Case No. 52 of 2018 on 02.11.2018. It is submitted that there is a counter case of the present version of the prosecution case and in the counter case it is alleged that the informant was
Patna High Court CR. MISC. No.6155 of 2020(3) dt.08-07-2020 2/3 also involved in the assault causing injury to the petitioner no. 1 of this case.
Learned APP for the State as well as learned counsel for the informant have opposed the prayer for anticipatory bail of the petitioners.
It is submitted that there are specific allegations that these petitioners lashed with deadly weapon had attacked the informant and Krishna Bihari. While petitioner no. 1 assaulted on the head of Krishna Bihari, petitioner no. 2 had assaulted on the head of the informant. The injury reports are available at Annexure '4' to the present application and it support the prosecution story.
Having regard to the facts and circumstances of the case, considering that the prosecution story as alleged in the FIR is supported by the injury reports showing incised wound on the middle of head and on right shoulder of Krishna Bihari allegedly caused by sharp cut weapon and then the incised wound on the right hand upper wrist and another incised wound on head of Nripen Kumar (informant) caused by sharp cut weapon, in the nature of allegations and the materials available on the record, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. Their prayer for anticipatory
Patna High Court CR. MISC. No.6155 of 2020(3) dt.08-07-2020 3/3 bail is thus, refused.
In case the petitioners surrender and pray for regular bail before the learned court below within a period of four weeks from today, their prayer for regular bail shall be considered on its own merit without being prejudiced by the present order.
This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.