Pankaj Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 8538 of 2020 Arising Out of PS. Case No.-151 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== PANKAJ BIND Son of Dwarika Bind Resident of Village - Nagardar, P.S.- Chanan, Dist.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in connection with Chanan Police Station (for brevity, PS) Case No 151 of 2019 instituted for the offence punishable under Section(s) 448, 427, 341, 323, 307, 379, 504/34 of Indian Penal Code. Allegation is that the petitioner has assaulted one Vikas Ram on his head with a rod. Petitioner's counsel submits that the allegations in the first information report are false. In fact, a scuffle ensued. As the informant had encroached on the petitioner's land, an objection was being raised by the petitioner. Submission is that the injury report suggests that the injuries are simple in nature and, therefore, the petitioner should be allowed

Patna High Court CR. MISC. No.8538 of 2020(2) dt.03-03-2020 2/2 the privilege of anticipatory bail.

The learned APP for the State has opposed the prayer for anticipatory bail. It is submitted that two lacerated wounds were found on the head of Vikas Ram, one in the frontal and other in the occipital region although the doctor has opined that the same are simple in nature. In the circumstances, the petitioner cannot be granted the privilege of anticipatory bail. This Court would only observe that having regard to the assault perpetrated by the petitioner, the submission advanced today are issues which may be considered by the Court below while granting regular bail to the petitioner. Prayer for anticipatory bail is rejected.

(Madhuresh Prasad, J) M.E.H./- U T