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Patna High CourtCR. MISC./43618/2023dismissed

Pramod Rai v. The State Of Bihar

2023-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43618 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== PRAMOD RAI S/O RAMBADAN RAI R/O Village- Chandchor Kalyan Tol, P.S- Ujiarpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravinandan Pandey S/O Dinesh Pandey R/O Village- Dadhiya, Asadhar, P.S- Angarghat, Samastipur, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Sahni, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 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 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

3. As per the FIR, there is specific allegation against the petitioner that he assaulted the informant and his mother-in-law with farsa and iron rod brutally due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.43618 of 2023(2) dt.18-08-2023 2/2 Both the parties are agnates. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. There is case and counter case between the parties. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail and submitted that there is specific allegation against the petitioner to assault the informant's mother-in-law with iron rod on her head, due to which she sustained grievous injury on her shoulder.

6. Considering the facts and circumstances of case as well as nature of the injury sustained by the informant's mother-in-law, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) divyanshi/- U T