Nanhe Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66771 of 2018 Arising Out of PS. Case No.-49 Year-2017 Thana- RASULPUR District- Saran ====================================================== Nanhe Rai S/o Late Bishwanath Rai, R/o Village- Madhopur, P.S.- Rashulpur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Pratap Singh For the informant :

Mr. Ashok Kumar, Adv For the Opposite Party/s :

Mr.J.K.Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341. 323. 324, 504, 308/34 IPC registered in connection with Rashulpur P.S. Case No. 49 of 2017.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute between the petitioner and the informant who are the uncle and nephew respectively. The injury report discloses lacerated wound on the frontal scalp which does not support the accusation of assault with 'sambal' (Khanti).

4. Learned APP assisted by learned counsel for the informant appearing suo motu opposes the anticipatory bail petition. It is pointed out on behalf of the informant that the petitioner is having one criminal antecedent from before, but it has not been disclosed by the petitioner. A supplementary affidavit has been filed

Patna High Court Cr.Misc. No.66771 of 2018(3) dt.21-01-2019 2/2 today in which it is stated that owing to mistake and lack of knowledge the criminal antecedents of the petitioner could not be stated. It has been mentioned that one prior case in Rasulpur P.S. Case No. 50 of 2002 under Section 302 and allied Sections of the Indian Penal Code is pending against the petitioner.

5. Learned APP further submits that the petitioner is said to have assaulted the informant on the head with 'sambal' (Khanti) and the injury report discloses injury on the head of the informant, which is vital part of the body.

6. Having regard to the nature of accusation, gravity of offence alleged as well as the criminal antecedents of the petitioner, which the petitioner fails to state in his petition, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Bail petition stands dismissed.

(Vikash Jain, J) Chandran/- U T