Krishnandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59070 of 2021 Arising Out of PS. Case No.-158 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

KRISHNANDAN RAI S/o LATE RAM BABU RAI R/o MOHALLASOUTH DAWATPUR, RAJA BAZAR, P.S.-TOWN, DISTRICTJEHANABAD 2.

JAIMANGAL RAY S/o KRISHNA NANDAN RAI R/o MOHALLASOUTH DAWATPUR, RAJA BAZAR, P.S.-TOWN, DISTRICTJEHANABAD 3.

ABHIRAM KUMAR S/o LATE NAWAL KISHORE RAI R/o MOHALLASOUTH DAWATPUR, RAJA BAZAR, P.S.-TOWN, DISTRICTJEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP Mr.Mukesh Kumar No.1, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioners is that they along with one other accused have indiscriminately assaulted the

Patna High Court CR. MISC. No.59070 of 2021(2) dt.04-07-2022 2/2 informant's side after making accusation that the mother of the informant has become a 'Dayan'.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. Petitioners have no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that from the injury report, it is clear that the injuries are grievous in nature.

Having regard to the facts and circumstances of the case, since the injuries are grievous in nature, I am not inclined to enlarge the petitioners named above on bail. Their prayer for anticipatory bail is hereby rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T