Subhash Chandra Suman @ Subhash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6428 of 2022 Arising Out of PS. Case No.-202 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== SUBHASH CHANDRA SUMAN @ SUBHASH YADAV Son of Late Rupi Yadav Resident of Village - Basaiya, P.s.- Sikandra, Distt.- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar, Adv.
For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504 of the Indian Penal Code. Allegedly, the FIR named accused persons including the petitioner with an intention to kill has indiscriminately assaulted the informant's side by means of iron rod, khanti, sword etc. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He
Patna High Court CR. MISC. No.6428 of 2022(2) dt.28-07-2022 2/2 has been falsely implicated in this case due to enmity and local village politics. No such occurrence, in the manner as alleged, has ever taken place. There is a land dispute between the parties. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the injuries are simple in nature. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail and submits that the injury sustained by the injured is grievous in nature.
Having regard to the facts and circumstances of the case, since the injuries are grievous in nature, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T