Guddu Bharti @ Guddu Kumar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42012 of 2023 Arising Out of PS. Case No.-580 Year-2022 Thana- GARKHA District- Saran ====================================================== GUDDU BHARTI @ GUDDU KUMAR BHARTI S/O LALLU BHARTI R/O Village- Chainpur, PS. Garkha, Dist. Saran at Chapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP Mr. Satyanand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 379, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The Investigating Officer of the case in compliance of the order dated 07.08.2023 is present alongwith the case diary.
4. Learned counsel for the petitioner submits that the informant alleges that on account of dispute relating to land, the accused persons came and on orders of Sushil, the petitioner assaulted him by iron dab indiscriminately causing several cut
Patna High Court CR. MISC. No.42012 of 2023(3) dt.10-08-2023 2/3 injuries on head. It is next alleged that on alarm Deepak fired and Jyoti Bharti snatched his chain.
5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that no occurrence as alleged ever took place, it is also submitted that the informant in order to give a serious colour to the case alleges that he was assaulted indiscriminately by iron dab by the petitioner causing injuries on his head. It is next submitted that there is no injury report on record.
6. It is further submitted that the informant in order to erase the evidence took alongwith himself the C.T. (Computed Tomography) scan report of the injury including the plates of the X-ray and never handed over to the Investigating Officer. The Investigating Officer who is present in the Court also submits that the informant has taken the injury report and when he was asked to produce the same the informant stated that the injury reports are lost as recorded in Para-28 of the case diary.
7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court
Patna High Court CR. MISC. No.42012 of 2023(3) dt.10-08-2023 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Garkha P.S. Case No. 580 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
9. The personal appearance of the Investigating Officer of the case is dispensed with.
(Satyavrat Verma, J) Adnan/- U T