Rajesh Paswan @ Rajesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.85 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -SANDESH District- BHOJPUR ======================================================
1. Rajesh Paswan @ Rajesh Ram, son of late Rambali Paswan, R/o village- Pandura, Police Station- Sandesh, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-02-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Sanesh P.S. Case No.10 of 2016 instituted for the offence under Section(s) 341, 323, 324, 307, 379, 504, 506 Indian Penal Code pending before the Additional Chief Judicial Magistrate, IX, Bhojpur at Ara.
There is allegation against this petitioner that he assaulted the informant, Karan Das, on his head with Barchi, a sharp cutting weapon, causing bleeding injury. His father, uncle and other family members came to save him and then this petitioner also assaulted the uncle of the informant on his head with Barchi, a sharp cutting weapon. It is further alleged that this petitioner and Akhilesh Pandey assaulted the father and uncle of
Patna High Court Cr.Misc. No.85 of 2017 (3) dt.06-02-2017 2/2 the petitioner. Other accused persons also assaulted. Case diary has been received.
Injury report of the informant as well as Munni Ram is available at para 22 and 60 of the case diary. From the injury report, it appears that the informant had sustained lacerated wound on left parietal region and the opinion was kept reserved. Injury report of Munni Ram shows that after sustaining injury the injured was primarily treated at Sadar Hospital, Ara, and thereafter he was referred to PMCH.
The witnesses in para 7, 8, 9 and 10 have levelled allegations against the petitioner of assaulting the informant, his uncle and other persons.
Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.
Prayer is rejected.
The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T