Jai Prakash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11022 of 2022 Arising Out of PS. Case No.-461 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== JAI PRAKASH RAM S/o Late Shivnath Ram R/o village- Basbariya, Ward No. 31, P.S.- Bettiah (Town), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 380, 504 and 34 of the Indian Penal Code. The informant alleges that on 29.07.2020 at about 11:00 PM, when he was going to sleep in his courtyard when three named accused persons including the petitioners came and started abusing on account of land dispute, it is further alleged that petitioner assaulted the informant with gadasa on the back of his head causing injury, Kaushal and Urmilla assaulted the informant with lathi and labeda all

Patna High Court CR. MISC. No.11022 of 2022(3) dt.29-11-2022 2/3 over his body and the accused persons took Rs. 8000/- from his shop, later with the help of co-villagers the matter was settled.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that petitioner and the informant are own brothers and on account of dispute relating to land, the present occurrence is alleged to have taken place, it is also submitted that from the side of the petitioner Bettiah Town P.S. Case No. 464 of 2020 has been registered against the informant and his side, it is next submitted from the side of the petitioner also people have received injury on account of assault. Learned counsel next submits that from perusal of the injury report it would manifest that the same records grievous injury only with respect to fracture of second metacarpal which is nonvital part of the body. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the injury report it would manifest that two injuries have been recorded :-

Patna High Court CR. MISC. No.11022 of 2022(3) dt.29-11-2022 3/3 i) Lacerated wound obliquely placed on occipital region of skull 3cm x 2cm.

ii) Fracture of second metacarpal Object: Hard and Blunt Nature: Grievous injury Learned A.P.P. thus submits that it is not only fracture of second metacarpal has been held to be grievous injury rather both the injuries of the injured have been held to be grievous and one of the injury is on vital part of the body.

Considering the submission made by the learned A.P.P. the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

(Satyavrat Verma, J) GauravSinha/- U T