Kamlesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36292 of 2020 Arising Out of PS. Case No.-67 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== KAMLESH MISHRA Son of Lalan Mishra, Resident of Village-Sobeyan, P.S.-Karakat (Gorari), District-Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2021 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Karakat P.S. Case No.67 of 2020 registered under Sections 341, 323, 307 and 34 of the Indian Penal Code.

The informant alleged that he was indulged in awareness about COVID-19 in his ward and in the meantime, Deepak Pandey, Kamlesh Mishra (petitioner), Ramesh Pandey and Rajesh Pandey assaulted the informant with wooden stick and iron rod. Deepak Kumar assaulted the informant with iron rod on his head. The informant got injury on his head and fell down on the ground. Kamlesh Mishra (petitioner) assaulted the informant with wooden stick which caused injury in his left hand finger.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.36292 of 2020(2) dt.08-04-2021 2/2 informant is in the habit of lodging such frivolous case. It is further submitted that three injuries are opined to be simple in nature and injury no.3 is opined to be grievous in nature. The petitioner is the author of injury found on the finger of left hand. It is further submitted that no offence under Section 307 of the I.P.C. is made out, but it appears that on account of blow given by the petitioner with wooden stick, the informant got fracture injury in his left hand finger.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T