Mantu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13940 of 2023 Arising Out of PS. Case No.-277 Year-2022 Thana- GURUA District- Gaya ====================================================== MANTU PANDEY Son of Late Manohar Pandey @ Manohar Mishra R/VGurua, P.S- Gurua Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Gurua P.S. Case No.277/2022, registered for offence punishable u/s 147, 148, 149, 341, 323, 325, 307, 354(B) of the IPC. As per the prosecution case, all the F.I.R. named accused persons including the petitioners came to the house of informant and started breaking and assaulting and after snatching the gold ornaments, fled away. Thereafter, when informant was returning after submitting his written complaint, all accused persons surrounded them and brutally assaulted the informant side by means of various weapons. Petitioner is said to have assaulted the informant by means of rifle on his head.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.13940 of 2023(2) dt.29-04-2023 2/2 has been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioner. It is further submitted that there is a civil dispute between the parties for which a Title Suit bearing No.226/2017 is pending. Petitioner has two criminal antecedent as mentioned in the impugned order.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner to assault the informant by means of rifle on his head and the injury of the informant, as per the impugned order, was found grievous in nature.

Having regard to the facts and circumstances of the case, since the injuries inflicted by the petitioner is grievous in nature, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T