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Patna High CourtCR. MISC./31870/2021dismissed

Harindra Sah v. The State Of Bihar

2023-03-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31870 of 2021 Arising Out of PS. Case No.-334 Year-2019 Thana- PAKRIDAYAL District- East Champaran ====================================================== Harindra Sah Son Of Late Jagdeo Sah Resident Of Village - Dumarbana, Ward No. 15, P.S. - Pakaridayal, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.

Petitioner is said to have assaulted Sahindra Sah by means of iron rod causing head injury, as a result of which he fell down on earth. Petitioner also snatched Rs. 4000/- from his packet.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. Both the parties are agnates. He submits that there is general and omnibus allegation levelled

Patna High Court CR. MISC. No.31870 of 2021(8) dt.14-03-2023 2/2 against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that the injury found upon the victim is grievous in nature as stated in the show cause filed by the Medical Officer, Primary Health, Pakridayal (East Champaran). Considering the nature of injury, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Pakarideyal P.S. Case No. 334 of 2019.

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