Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47871 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- SAHAR District- Bhojpur ====================================================== Munna Sah Son of Lohadi Sah @ Lohri Sah VILLAGE- GULJARPUR, PS.- SAHAR, DISTT.- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate For the Informant : Mr. Ravindra Kumar, Advocate For the State :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2024 Heard Mr. Diwakar, learned counsel for the petitioner, Mr. Ravindra Kumar, learned counsel appearing on behalf of the Informant and Mr. Ram Priya Sharan Singh, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Sahar P.S. Case No. 185 of 2023, F.I.R. dated 08.12.2023 registered for the offences punishable under Sections 323, 341, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he assaulted the father of the informant by means of iron rod due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that although the petitioner

Patna High Court CR. MISC. No.47871 of 2024(2) dt.07-08-2024 2/2 is named in the F.I.R. and there is specific allegation against the petitioner that he assaulted to the father of the informant by means of rod but there is no repetition of blow upon the father of the informant and there is no intention to kill the father of the informant.

5. Learned counsel appearing on behalf of the Informant as well as learned APP for the State, on the other hand, vehemently opposed the prayer for bail and submits that there is direct and specific allegation against the petitioner that he assaulted to the father of the informant with iron rod and injury report of the father of the informant suggests that the injury is grievous in nature and apart from that the petitioner carries one more case other than the present one.

6. Considering the aforesaid facts that there is direct allegation against the petitioner as well as nature of injury, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Sahar P.S. Case No. 185 of 2023 pending in the Court of Judicial Magistrate 1st Class, Bhojpur at Ara/Concerned Court.

7. Prayer is refused.

Ibrar//- (Rajesh Kumar Verma, J) U T