Ganesh Rabidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25042 of 2021 Arising Out of PS. Case No.-402 Year-2020 Thana- JAMUI District- Jamui ====================================================== 1.

Ganesh Rabidas Son Of Dina Ravidas @ Dinesh Ravidas R/O VillageBariyarpur, P.S.- Khaira, Dist.- Jamui 2.

Anant Rabidas Son Of Dina Ravidas @ Dinesh Ravidas R/O VillageBariyarpur, P.S.- Khaira, Dist.- Jamui 3.

Uttam Rabidas Son Of Dina Ravidas @ Dinesh Ravidas R/O VillageBariyarpur, P.S.- Khaira, Dist.- Jamui 4.

Rohit Rabidas Son Of Dina Ravidas @ Dinesh Ravidas R/O VillageBariyarpur, P.S.- Khaira, Dist.- Jamui 5.

Dinesh Rabidas @ Dina Rabidas Son Of Late Sammar Ravidas R/O VillageBariyarpur, P.S.- Khaira, Dist.- Jamui 6.

Gopi Rabidas Son Of Jhuman Ravidas R/O Village- Bariyarpur, P.S.- Khaira, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506, 427, 324, 34 of the Indian Penal Code. Allegation against the petitioner that he assaulted the informant on the head by means of an Axe, thereafter blood was

Patna High Court CR. MISC. No.25042 of 2021(2) dt.09-12-2021 2/2 oozing and he fell down.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties and both side sustained injury. He submits that allegation levelled against the petitioner is general and omnibus in nature. He submits that petitioner bears on criminal antecedent as stated in para-3 of the bail application.

However, learned APP for the State opposes the prayer for bail and submits that the injury found on the informant is grievous in nature.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Jamui P.S. Case No. 402 of 2020 pending before the court of the learned Chief Judicial Magistrate, Jamui.

If the petitioner surrenders before the learned court below and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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