Birendra Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29317 of 2022 Arising Out of PS. Case No.-275 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== BIRENDRA PANDEY S/o Raghunandan Pandey R/o village- Sokhi Dewra, P.S.- Kawakole, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Adv.
For the Opposite Party/s :
Mr. H.A. Khan, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is directed to remove the defects within four weeks.
Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 308, 354(A) 379/34 IPC. Allegedly, the accused persons named in F.I.R. including the petitioner assaulted the informant's family. Petitioner is said to have given Khanti blow at informant's forehead.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken
Patna High Court CR. MISC. No.29317 of 2022(2) dt.21-11-2022 2/2 place.Though the allegation against petitioner is of assaulting the informant by means of Khanti but as per the injury report, the injury is simple in nature, which is also clear from the impugned order. The informant's son also received injuries. Two of them are simple in nature and third injury is grievous in nature stated that fracture seen in frontal bone on left side of his head. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail and submits that on perusal of the impugned order, it is evident that the injury is grievous in nature. Having regard to the facts and circumstances of the case, since the injury is grievous in nature, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.
(Anjani Kumar Sharan, J) divyanshi/- U T