Arjun Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2183 of 2020 Arising Out of PS. Case No.-577 Year-2019 Thana- MAHUA District- Vaishali ====================================================== ARJUN RAI, Son of Dasrath Rai Resident of Village Paur Maya Sah Mohammadpur, P.S. - Tisiauta, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar, Adv.
For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2021 Heard both sides.
The petitioner apprehends his arrest in Mahua P.S. Case No. 577 of 2019, registered for the offences punishable under Sections 341, 323, 325, 307, 302/34 of the Indian Penal Code.
Dhiraj Kumar in his written petition alleged that on 07.10.2019 at about 4 P.M. while his father was returning from Govindpur fair, he saw that petitioner and other accused persons were assaulting his brother. When his father went there to save him, they all assaulted him also causing injury. On alarm, many persons came and only thereafter the accused persons fled away. In course of treatment, the father of informant died. Learned counsel for the petitioner submits that there is omnibus and general allegation against the petitioner and
Patna High Court CR. MISC. No.2183 of 2020(3) dt.10-03-2021 2/2 others. There is previous enmity and on account of such, petitioner has falsely been implicated in this case, but it appears that the informant and other witnesses have invariably named the petitioner and other accused persons and disclosed that they all indiscriminately assaulted his brother and father. Father of informant died during course of treatment. Since informant took his father for treatment to PMCH, Patna, therefore some delay is caused in lodging the case. As many as four injuries has been found on the body of Neeraj Kumar, brother of the informant. Considering the facts aforesaid, I am not inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) rakhi/- U T