Patna High CourtCR. MISC./42093/2022bail rejected

Ishwar Saw v. The State Of Bihar

2022-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42093 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- JHAJHA District- Jamui ====================================================== ISHWAR SAW Son of Late Janki Saw Resident of Village - Dhiva , P.O.- Keshopur, P.S.- Jhajha, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 448, 341, 337, 338, 32, 307, 354A, 504, 427 and 504/34 of the IPC and 3⁄4 of the Prevention of witch (Daain) Practices Act.

As per the prosecution case, accusation against the petitioner is of commission of assault as a result of which wife of the informant sustained grievous injury.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted on behalf of the petitioner that due to petty dispute between the parties over water logging a scuffle took place in which the wife of the informant sustained injury.

Patna High Court CR. MISC. No.42093 of 2022(2) dt.29-11-2022 2/2 The petitioner is own brother of the informant. There was no deliberate intention on the part of the petitioner to commit assault. Rather on spur of the moment the assault took place. Petitioner has got no criminal antecedent.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the nature of acquisition and nature of injury, prayer for bail of the petitioner is refused with direction to the petitioner to surrender and seek regular bail, which would be disposed of on its own merit without being prejudiced by this order.

(Prabhat Kumar Singh, J) asmit/- U T