Patna High CourtCR. MISC./11265/2024bail rejected

Utsav Kumar @ Utsav Kumar Pandey v. The State Of Bihar

2024-03-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11265 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Utsav Kumar @ Utsav Kumar Pandey S/O VIVEKANAND PANDEY R/O VILLAGE- RAUNA SHERPUR, PS.- BELAGANJ, DIST. GAYA. ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh,Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Belaganj P.S. Case No. 330 of 2023 dated 23.05.2023 registered for the offence/s punishable u/ss 504, 354, 379, 341, 323, 307 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have abused the informant's son and the petitioner assaulted on his head with iron rod causing severe injury to him. When the informant came to rescue, they also assaulted her.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.11265 of 2024(2) dt.19-03-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that as per impugned order, the injury is grievous in nature caused by hard and blunt substance. There is specific allegation of assault against the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the grievous and specific allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.

7. The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T