Patna High CourtCR. MISC./36450/2020rejected

Ritesh Rai @ Ritesh Kumar Yadav v. The State Of Bihar

2021-04-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36450 of 2020 Arising Out of PS. Case No.-166 Year-2018 Thana- AWTARNAGAR District- Saran ====================================================== Ritesh Rai @ Ritesh Kumar Yadav S/O Dineshwar Rai, Residence of Village - Naya Tola, Haraji, P.S. - Awtar Nager, Distt - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr.Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-04-2021 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Awtarnagar P.S. Case No.166 of 2018 registered under Sections 341, 323, 324, 307, 354, 379 and 34 of the Indian Penal Code. The informant alleged that while he was sitting in the sweet shop, the petitioner came and began to abuse him. When the informant asked not to abuse, the petitioner took out a knife from his waist and gave blow on the head of the informant. Learned counsel for the petitioner submits that the petitioner is a milkman. The petitioner was supplying milk to the informant. When the petitioner went to demand his money, the informant lodged this case.

From perusal of the records, it appears that there is specific allegation that the petitioner gave a knife blow on the

Patna High Court CR. MISC. No.36450 of 2020(2) dt.16-04-2021 2/2 head of the informant. One cut injury was found on the left side fronto parietal bone. Of course, the injury is opined to be simple in nature but the blow was given on the head and there was profuse bleeding. The petitioner is alleged to have snatched Rs.13,000/- from the cash box of the informant. 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