Raushan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24345 of 2020 Arising Out of PS. Case No.-330 Year-2019 Thana- DHAMDAHA District- Purnia ====================================================== RAUSHAN KUMAR SINGH Son of Sharwan Singh R/O Dhamdaha Madhya, Ward No. 2, Smarak Tole, P.S. - Dhamdaha, District - Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Adv.

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-12-2020 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

This application, for grant of anticipatory bail, arises out of Dhamdaha Police Station Case No. 330 of 2019, disclosing offences under Sections 341/342/307 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner assaulted the brother of the informant by means of iron rod on his head with intention to kill him.

Learned Senior Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with

Patna High Court CR. MISC. No.24345 of 2020(3) dt.02-12-2020 2/2 oblique motive inasmuch as in the re-statement, the informant has not disclosed the name of the petitioner as an assailant, as alleged in the First Information Report.

On the other hand, learned Additional Public Prosecutor, referring to the case diary, submits that the statement of the injured has been rerecorded in paragraph 10 of the case diary, in which the injured has stated that it was the petitioner, who had assaulted him by means of iron rod on his head and the injury has been found to be grievous in nature. Having regard to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that the injured has sustained grievous injury on his head, I am not inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √