Patna High CourtCR. MISC./23723/2019dismissed

Bijay Dubey @ Bijay Kumar Dubey v. The State Of Bihar

2019-04-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23723 of 2019 Arising Out of PS. Case No.-781 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Bijay Dubey @ Bijay Kumar Dubey, aged about 45 years, Male, Son of Late Raja Dubey Resident of Mohalla - Adampur Ghat, Bank Colony, P.S.- Jogsar, District - Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhananjay Kumar Pandey, Advocate For the State :

Mr. Nand Kishore Prasad, APP For the Informant :

Mr. Diwakar Upadhyaya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 504, 307 and 379/34 of the Indian Penal Code registered in connection with Kotwali (Jogsar) P.S. Case No. 781 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The petitioner is Mausa of the informant. The accusation of theft against the petitioner is ornamental in nature. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant opposes the anticipatory bail petition, submitting that the injury sustained by the informant is grievous in nature. The injury report corroborates the accusation of assault with Farsa on the head of the informant.

Patna High Court CR. MISC. No.23723 of 2019(2) dt.16-04-2019 2/2

5. Having regard to the nature of accusations, gravity of offence alleged as well as the nature of injuries sustained by the injured, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. (Vikash Jain, J) BT/- U T