Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27709 of 2024 Arising Out of PS. Case No.-1204 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Ravi Kumar S/O Sri Jiyalal Singh R/O Village- Beda, P.S- Sasaram, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Prakash Singh For the Opposite Party/s :

Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 427, 354, 354B, 379, 307 and 34 of the Indian Penal Code. 3.

The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that in sum and substance, the informant alleges that on account of road rage, an altercation took place in which the petitioner along with others assaulted the informant and his side and also snatched gold chain worth Rs. 1,20,000/- from the neck of his wife and sister-in-law, apart from other allegations. The learned counsel submits that it was the

Patna High Court CR. MISC. No.27709 of 2024(2) dt.16-04-2024 2/3 informant, who had parked his car on the road, which created a jam as the vehicles coming from behind were not able to take pass, as such an altercation took place in which both sides assaulted each other. It is further submitted that no doubt the injury suffered by the informant is said to be grievous, but then the learned counsel draws the attention of the court to annexure3 of the anticipatory bail application, which is the primary report regarding injury suffered by the informant, wherein it has been recorded that the informant suffered lacerated wound over temporal region of head, size 1⁄2 inch x 1⁄2 inch, advice NCCT of brain.

It is next submitted that when primary report was issued at that time, the opinion with regards to nature of injury was reserved awaiting NCCT of brain, thereafter draws the attention of the court to annexure-7 to the anticipatory bail application, which is the supplementary report of the informant with respect to the injury suffered, wherein it is recorded that the injury is grievous, but then submits that initially when the primary report was issued, at that time it was recorded that the informant suffered injury on head, but from supplementary report, it manifests that the same records, NCCT scan findings are suggestive of fracture of both nasal bone by Kalpana CT Scan Centre, Sadar Hospital, Sasaram.

Patna High Court CR. MISC. No.27709 of 2024(2) dt.16-04-2024 3/3 initially there was no injury, even remotely suggesting that petitioner suffered any nasal injury, but then in the supplementary injury report, there is no whisper of any injury on head of the informant, which casts suspicion on the case of the prosecution. It is further submitted that petitioner is not a criminal and will not abscond, rather will cooperate in the investigation.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sasaram (T) P.S. Case No. 1204 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T