Mukesh Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51749 of 2021 Arising Out of PS. Case No.-709 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== MUKESH PATHAK, Son of Late Pujan Pathak @ Poojan Pathak Residence of Village - Aamwa Nakchhed, P.S. and Dist. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP For the informant :

Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant, through Video Conferencing.

The petitioner seeks bail in connection with Gopalganj P.S. Case No. 709 of 2019, instituted for the offences under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 04.06.2021 and has a antecedent of one case as mentioned in para 3 of the bail application and charge-sheet has been submitted.

The learned counsel for the petitioner further submits that the informant alleges that on 24.12.2019 at 2 P.M. he had

Patna High Court CR. MISC. No.51749 of 2021(2) dt.08-02-2022 2/3 gone to his sugarcane field, when he saw the petitioner along with other named accused persons loading the sugarcane crop on a trolly after harvesting the same from the field of the informant, further it is alleged that the informant protested on which the petitioner inflicted a knife blow on the chest of the informant and when the informant tried to save himself, it caused cut injury on his left finger, thereafter, it is alleged that Dablu Pathak caught the informant from behind and on his order, the petitioner again inflicted knife blow on him which caused injury in his stomach, on account of which the informant fell as he had received dagger injury and was taken to Sadar hospital, Gopalganj for treatment from where he was referred to Gorakhpur for better treatment.

The learned counsel submits that there is case and counter case even the petitioner of the present case received grievous injury at the hand of the informant, it is further submitted that the dispute occurred for the reason that the informant and the petitioner are claiming that the land belong to them on which the sugarcane was planted. The learned A.P.P.

Patna High Court CR. MISC. No.51749 of 2021(2) dt.08-02-2022 3/3 missed and again he repeated the blow when the informant was caught from behind by Dablu Pathak, causing injury in his stomach, which is vital part of the body.

In the nature of allegation, as alleged and that the blow was repeated and was on the vital part of the body and the injury is grievous in nature, the Court is not inclined to grant bail to the petitioner, therefore, the prayer for bail of this petitioner is hereby rejected.

(Satyavrat Verma, J) sanjeev/- U T