Vinod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50703 of 2021 Arising Out of PS. Case No.-120 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== VINOD PRASAD S/o- LATE JANARDAN PRASAD Resident of VillageChulihari, P.S.- Asthawan, District- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-06-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Asthawan P.S. Case No. 120 of 2019, registered for the offences punishable under Sections 341, 325, 307, 506 of the Indian Penal Code.

As per allegation, the petitioner assaulted the informant with bricks.

Learned counsel for the petitioner has submitted that after investigation charge sheet was submitted under section 325 of the Indian Penal Code but deferring with the opinion of the investigating authority, the learned Magistrate took cognizance under Section 307

Patna High Court CR. MISC. No.50703 of 2021(2) dt.21-06-2022 2/2 of the IPC.

Xerox copy of injury report is annexed as Annexure-2 and Annexure-2 'A'. Annexure 2 'A' is opinion of the doctor containing x-ray report. It was fracture of nasal bone which was grievous but Annexure-2 shows that the informant has sustained injuries on frontal bone size 1x1/10x1/10 and injury No. 2 is bleeding through nose.

In my view, it is not a fit case for anticipatory bail. Accordingly, prayer for anticipatory bail of the petitioner is rejected. The petitioner is directed to surrender before the court below and pray for regular bail, if he surrenders and makes a prayer for regular bail, the learned court below may take notice of the fact that the petitioner is a person of clean antecedents. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T