Mithilesh Rai @ Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 21683 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- KHANPURA District- Samastipur ====================================================== MITHILESH RAI @ MITHILESH KUMAR S/O SATYANARAIN RAI R/o village- Chakoti, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-11-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 379, 323, 325, 341, 354, 427 and 34 of the Indian Penal Code. As per the prosecution case, the petitioner and one another accused armed with iron rod besides other accused persons armed with lathi etc are stated to have assaulted the informant and others.
It is submitted by learned counsel for the petitioner that the petitioner and informant are full brothers. The dispute was of a trivial nature. There was no intention to commit any injury on the informant or others. The petitioner who has no criminal antecedent is in custody since 5.12.2020. The application for bail is opposed by learned APP for
Patna High Court CR. MISC. No. 21683 of 2021(3) dt.17-11-2021 2/2 the State who submits that in the opinion of the doctor the nature of injury on the husband of the informant has been found to be grievous in nature. The injury report of others besides Gopal Rai are not available in the case diary Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner together with the grievous nature of injury on the husband of the informant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Liberty is granted to the petitioner to renew his prayer for bail after six months.
(Partha Sarthy, J) Prakash/- U