Vikas Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1458 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== VIKAS RAY S/o Sri Kedar Prasad R/o Village- Khairatiya Balua, P.S.- Yogapatti ( Nawalpur), District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 3713 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== RATNESH RAI @ RATNESH KUMAR Son of Late Brajesh Rai Resident of Village- Khairatiya Balua, P.S.- Yogapatti (Nawalpur), District- West Champaran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 1458 of 2021) For the Petitioner/s :

Mr.Sanjay Singh, Sr. Advocate For the Opposite Party/s :

Mr. Anant Kumar Mishra Mr. Niraj Kumar Singh For the State Mr. Rajendra Prasad Nut, APP (In CRIMINAL MISCELLANEOUS No. 3713 of 2021) For the Petitioner/s :

Mr.Sanjay Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-12-2021 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners, learned counsel for the informant and the learned APP for the

Patna High Court CR. MISC. No.1458 of 2021(4) dt.15-12-2021 2/3 State.

The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Penal Code, registered in connection with Yogapatti (Nawalpur) P.S.Case No. 78 of 2020. The allegation against both the petitioners is that they along with other co-accused persons badly assaulted the father and uncle of the informant with iron rod and farsa, causing injuries on the head of the father and on various parts of the body of his uncle. In the process, the informant was also assaulted.

Learned counsel for the petitioners has submitted that there is case and counter case and both the parties are injured in free fight.

Per contra, the learned APP, assisted by the learned counsel for the informant, has submitted that due to assault inflicted by the petitioners and other accused persons, the father of the informant has sustained scull injury on his parietal region, which is grievous in nature.

Considering the facts and circumstances and the injuries, which are grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioners of Cr. Misc.

Patna High Court CR. MISC. No.1458 of 2021(4) dt.15-12-2021 3/3 No.1458 of 2021 and Cr. Misc. No.3713 of 2021. Their prayer for bail is accordingly rejected.

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) HR/- U T