Gaurav Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26132 of 2021 Arising Out of PS. Case No.-403 Year-2020 Thana- KORHA District- Katihar ====================================================== GAURAV JHA Son of Brahamadev Jha @ Brahamdeo Jha Resident of Village - Zorabganj, Korha Nahar, P.S.- Korha, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Ms.Rita Verma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in Korha P.S. Case no. 403/2020 registered for the offence punishable under sections 307, 379, 341, 323, 504 and 506/34 of the Indian Penal Code.

As per prosecution case, this petitioner along with other accused called the son of the informant at Basic school and started abusing and assaulting him with sharp cutting weapon as a result of which son of the informant fell down and admitted to the hospital.

It is submitted on behalf of petitioner that alleged occurrence took place on 23.8.2020 and FIR has been lodged on

Patna High Court CR. MISC. No.26132 of 2021(3) dt.13-09-2021 2/2 30.8.2020 after seven days of the occurrence and there is no explanation of the delay. It is further submitted that there is general and omnibus allegation against all the accused persons and no specific overt-act has been alleged against the petitioner. Petitioner has got clean antecedent and is in custody since 22.11.2020.

Learned counsel for the State opposed the prayer for bail and submitted that during course of investigation, injured was examined who stated that this petitioner had assaulted him by butt of the pistol and doctor has found injury to be grievous in nature Considering the rival submissions and nature of allegation and gravity of the offence, this bail application is rejected.

(Prabhat Kumar Singh, J) s.hassan/- U T