Pravin Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12097 of 2019 Arising Out of PS. Case No.-284 Year-2018 Thana- KADWA District- Katihar ====================================================== Pravin Mehta, son of Rana Prasad Singh Resident of Village - Mahammadpur, P.S.- Kadma District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal For the Opposite Party/s :

Mr.Bharat Lal Mr. Satendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Kadwa P.S. Case No.284 of 2018 for the offence punishable under Sections 341, 323, 324, 307, 448, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused assaulted Mantu Mehta, nephew of the informant.

Learned counsel for the petitioner submits that there is a case and counter case between the parties due to land dispute and counter case was also lodged from the side of the petitioner bearing Kadwa P.S. Case No.285 of 2018 registered under Section 323, 341, 324, 379, 348, 504, 506/34 of I.P.C. Learned counsel for the informant submits that the

Patna High Court CR. MISC. No.12097 of 2019(5) dt.09-07-2019 2/2 petitioner has assaulted Mantu Mehta on the vital part of the body near the head, causing grievous injury and the doctor who had examined the injured has opined that the injury caused at the head of Mantu Mehta is grievous in nature, as would be evident from the case diary.

Learned counsel for the State has supported the statement of learned counsel appearing for the informant. Learned counsel for the informant further submitted that similarly situated accused person Navin Kumar @ Navin Mehta, who had assaulted another nephew of the informant by iron rod causing grievous injury, his regular bail application has been rejected by this Court in Cr. Misc. No.64297 of 2018 on 04.12.2018.

Taking into consideration the rival submissions and the fact that the petitioner has caused grievous injury on the head of the nephew of the informant and the fact that regular bail application of similarly situated person has been rejected by this Court, accordingly, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected. sanjeev/- (Anil Kumar Sinha, J) U T