Patna High CourtCR. MISC./47868/2024rejected

Baidya Nath Choupal v. The State Of Bihar

2024-08-07Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47868 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Baidya Nath Choupal Son of Shivjee Choupal Resident of village - Kharua, P.S.- Sadar, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2024 Heard Mr. Baidyanath Prasad, learned counsel for the petitioner and Mr. Prem Kumar Jha, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Sadar P.S. Case No. 598 of 2023, F.I.R. dated 01.09.2023 registered for the offences punishable under Sections 341, 323, 307, 504, 354, 379, 506 and 34 of the Indian Penal Code.

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

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that although there is specific allegation against the petitioner that he assaulted

Patna High Court CR. MISC. No.47868 of 2024(2) dt.07-08-2024 2/2 the informant by means of iron rod but there is no repetition of blow upon the informant and there is no intention to kill the informant.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail and submits that there is direct and specific allegation attributed against the petitioner that he assaulted the informant with iron rod and injury report of the informant suggests that the injury found is grievous caused by hard and blunt object.

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 Sadar P.S. Case No. 598 of 2023 pending in the Court of Chief Judicial Magistrate, Darbhanga.

7. Prayer is refused.

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