Binod Kumar Patel@ Binod Patel@ Binod Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25690 of 2021 Arising Out of PS. Case No.-459 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== BINOD KUMAR PATEL@ BINOD PATEL@ BINOD RAUT Son of Ram Naresh Raut Resident of Village - Dhawahi, P.s.- Hersidhi, Distt.- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Harsidhi P.S. Case no. 459 of 2020 instituted for the offence punishable under Sections 341, 323, 324, 307, 379, 354(B), 504 and 506 of the Indian Penal Code and later on Section 302 has been added.

As per allegation in the FIR, several accused persons including the petitioner, armed with deadly weapons, have

Patna High Court CR. MISC. No.25690 of 2021(4) dt.31-01-2022 2/2 abused and assaulted the informant and his family members with an intention to kill them. Informant has received sharp cut injury by knife in the left side of the body, due to which he died during course of treatment.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. There is case and counter case. The occurrence is stated to have taken place at the gate of police station but still there is delay of two days in lodging the FIR, which falsifies the case of the prosecution. Learned APP appearing for the State has opposed the prayer of Bail and submitted that petitioner has given knife blow to the informant and his grand-son.

Having heard learned counsel for the parties and considering the fact that there is direct allegation of assault against the petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. (Sunil Kumar Panwar, J) sushma/- U