Patna High CourtCR. MISC./46008/2023rejected

Halchal Dom v. The State Of Bihar

2023-10-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46008 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== HALCHAL DOM son of Rameshwar Dom @ Ram Ishwar Dom VillagePirauta PS- Ara Mufassil Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Ara Mufassil P.S. Case no.38 of 2023 registered under sections 307, 323, 341, 324, 342, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons are said to have caught the husband of the informant and the petitioner and one another are said to have assaulted and given knife blow on his left eye.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The injury report of the husband of the informant brought on record as Annexure-2 is incomplete. Further, the injured did not pursue his treatment as he was advised. He did not go to the PMCH.

Patna High Court CR. MISC. No.46008 of 2023(3) dt.11-10-2023 2/2 There is no eye witness to the occurrence. The petitioner has no criminal antecedent and is in custody since 8.2.2023.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R. together with the contents of the injury report (Annexure-2) wherein the injury has been found to be caused by sharp cutting substance which substantiates the allegations in the F.I.R. and has been found to be grievous in nature, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Saurabh/- U T