Patna High CourtCR. MISC./21163/2024dismissed

Yugal Rai @ Yugal Ray v. The State Of Bihar

2024-04-04Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21163 of 2024 Arising Out of PS. Case No.-515 Year-2023 Thana- SAHPUR District- Patna ======================================================

1. Yugal Rai @ Yugal Ray son of Girja Nandan Singh

2. Manilal @ Manilal Kumar S/o Yugul Rai @ Yugal Ray Both are resident of village - Chandmari, P.S. Shahpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Shahpur P.S. Case No. 515 of 2023 registered under Sections 341, 323, 324, 308, 504 and 506/34 of the Indian Penal Code lodged on 01.08.2023 by the informant, Jwala Prasad.

3. As per the prosecution story, the informant alleged that while he along with his son to remove the grass from the field, the accused persons armed variously came, assaulted both of them. The specific allegation against the son of the petitioner no.1, namely, Manilal @ Manilal Kumar is of assaulting on the head of Abhishek Kumar which resulted into serious injury

Patna High Court CR. MISC. No.21163 of 2024(2) dt.04-04-2024 2/2 causing five inches, even the informant sustained injuries and were shifted to hospital.

4. Learned counsel for the petitioner submits that there is case and counter case, both side has suffered injuries and he failed to get hold of the injury of Abhishek Kumar though he has injury reports of the other accused persons.

5. Learned APP for the State points out that five stiches were required during the surgery to fix on head of Abhishek Kumar which cannot be simple in nature. Further, the two petitioners armed variously not only intercepted the informant and his son who were going to their agricultural field brutally assaulted in which Abhishek Kumar was seriously injured.

6. No case of anticipatory bail is made out. Accordingly, the anticipatory bail of the petitioner stands rejected.

(Rajiv Roy, J) Jagdish/- U T