← Library
Patna High CourtCR. MISC./8930/2020dismissed

Ravindra Prasad v. The State Of Bihar

2020-02-29Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8930 of 2020 Arising Out of PS. Case No.-122 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== RAVINDRA PRASAD Son of Jago Mahto Resident of Village - Jhiktiya Kala, P.S. - Imamganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Imamganj PS case no. 122 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 147, 149, 436, 448 of Indian Penal Code. The case of the prosecution in brief is that on 20.07.2019 at about 11.30 pm, about 40 miscreants had come at the house of the informant and had not only broken the house of the informant but had also set the hut of the informant on fire. Thereafter, the informant and his family members had arrived there and objected to the deeds of the accused persons, whereupon the accused persons including the petitioner had

Patna High Court CR. MISC. No.8930 of 2020(2) dt.29-02-2020 2/3 assaulted the informant and his family members resulting in them sustaining injuries and had also committed loot. There is specific allegation as against the petitioner herein of having hit the informant at his forehead with lathi with intention to kill him.

The learned counsel for the petitioner has submitted that the petitioner is innocent, is having a clean antecedent and the present case arises out of case and counter case. It is further submitted that simple injuries have been inflicted on the person of the injured, hence this is a fit case, in which the petitioner should be granted the privilege of anticipatory bail.

I have heard the learned counsel for the parties and perused the materials on record, from which it is apparent that a direct allegation has been levelled upon the petitioner of having assaulted the informant on his forehead by lathi as also a grave and serious allegation of breaking the house and burning the hut of the informant has been levelled against the petitioner and other accused persons, hence this Court finds that atleast, the present case is not a fit case for grant of anticipatory bail. Considering the seriousness of the offence and the gravity of allegation levelled against the petitioner herein, I do

Patna High Court CR. MISC. No.8930 of 2020(2) dt.29-02-2020 3/3 not find any merit in the present case, hence the same stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T