Akila Pandit @ Bagish Kumar Upadhyay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.806 of 2022 Arising Out of PS. Case No.-511 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== AKILA PANDIT @ BAGISH KUMAR UPADHYAY Son of Narvade Pandit @ Narmdeshwar Upadhyay Resident of village - Baswaria Narmdeshwar Upadhyay, Ward No.- 7, P.S.- Chautarwa, District - West Champaran. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Sushila Devi W/o Santosh Baitha R/o vill- Baswaria, Ward no- 7 P.SChoutarwa, Dist- West Champaran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Anand Kishore Choudhary For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2022 Heard learned counsel for the appellant, learned Special P.P. for the State and learned counsel appearing on behalf of respondent no. 2.
The present appeal has been filed against order dated 11.01.2022 passed by learned A.D.J.-I-cum-Special Judge (SC/ST), Bettiah, West Champaran in Chautarwa P.S. Case No. 511 of 2020 registered for the offence punishable under Sections 341, 323, 324, 307, 354, 379, 447, 504/34 of the Indian Penal Code and Section 3(i)(r) of the SC/ST Act, whereby the prayer for anticipatory bail of appellant was rejected. As per F.I.R., this appellant is alleged to have
Patna High Court CR. APP (SJ) No.806 of 2022(3) dt.07-12-2022 2/3 assaulted the informant on her head by Rambha (i.e. sharpedged weapon). Learned counsel for the appellant submits that injury caused by appellant is simple in nature and there is no allegation of abuse by caste name against this appellant. However, learned counsel for the respondent no. 2 opposes the prayer of appellant and submits that appellant has suppressed the fact of his criminal antecedent and he is accused in one more criminal case. By showing a photograph of injury of informant, he submits that the injury caused by this appellant, appears to be, grievous in nature.
In reply, learned counsel for the appellant submits that from perusal of impugned order also, the injury is simple in nature.
Considering the same, the impugned order dated 11.01.2022, so far as this appellant is concerned, is, hereby, set aside and appeal is allowed.
Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the above-named appellant be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-I-cum-Special Judge (SC/ST)
Patna High Court CR. APP (SJ) No.806 of 2022(3) dt.07-12-2022 3/3 Bettiah, West Champaran in connection with Chautarwa P.S. Case No. 511 of 2020.
(Prabhat Kumar Singh, J) anay/- U T