Sajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22684 of 2019 Arising Out of PS. Case No.-267 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.
SAJAN KUMAR Son of Subhash Kumar Mandal Resident of Village - Parail, Ward No.2, P.s.- Alamnagar, (Ratwara OP), Distt.- Madhepura. 2.
Kalpana Devi W/o Subhash Kumar Mandal Resident of Village - Parail, Ward No.2, P.s.- Alamnagar, (Ratwara OP), Distt.- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar 1 For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 379, 307, 354/34 IPC registered in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 267 of 2018, G.R. No. 1452/2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The petitioner no. 1 and the informant are own brothers. Petitioner no. 2 is the mother of petitioner no. 1. There is delay in instituting the FIR on 10.12.2018 for the alleged occurrence of 28.11.2018. It is submitted that the accusation of assault upon the informant is general and omnibus against the petitioners along with another brother and father of petitioner no.1. The petitioners claim clean antecedents.
4. Learned APP on the other hand opposes the anticipatory bail petition submitting that one of the injuries sustained by the informant is grievous in nature and the accusation of assault is upon co-accused
Patna High Court CR. MISC. No.22684 of 2019(2) dt.09-04-2019 2/2 persons including the petitioners.
5. Having regard to the nature of accusations and gravity of offence alleged and the grievous nature of injury sustained by the informant attributed to the assault by the petitioners and other co-accused persons, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The petition stands dismissed. (Vikash Jain, J) Chandran/- U T