Harikesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27981 of 2020 Arising Out of PS. Case No.-95 Year-2020 Thana- MIRGANJ District- Gopalganj ====================================================== Harikesh Prasad, Son of Late Lalji Prasad, Resident of Village - Kalopatti, P.S.- Mirganj, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshansh Ankit, Advocate.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode.

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

The petitioner apprehends his arrest in connection with Mirganj P.S. Case No. 95 of 2020, registered under Sections 341, 325 and 307 of the Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate-XVI, Gopalganj.

The accusation is that some vacant land is adjacent to the house of the informant, Ravi Shekhar Kumar, regarding

Patna High Court CR. MISC. No.27981 of 2020(2) dt.05-02-2021 2/3 which, the dispute is going on with his uncle, Harikesh Prasad (petitioner). On 25.09.2020, in the evening, Harikesh Prasad (petitioner) started to erect wall over the said land then his mother, Kalawati Devi, made protest, on which, his uncle, Harikesh Prasad (petitioner) started to cause injury through iron rod, in which, his mother sustained injury at her head and fell down. Thereafter, his mother was rushed to local Hospital at Hatua, from where, she was referred to Sadar Hospital, Gopalganj but due to serious condition, she was further referred to Gorakhpur.

Learned counsel for the petitioner submits while allegation has been made against the petitioner, who is the uncle of the informant, to cause injury at the head of mother of the informant but injury report disclosed that sharp cutting injury was found at occipital region but the area of injury has not been disclosed, showing the fracture injury in right frontoparietal bone.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial

Patna High Court CR. MISC. No.27981 of 2020(2) dt.05-02-2021 3/3 court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T