Maha Deo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4532 of 2021 Arising Out of PS. Case No.-335 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Maha Deo Ram Son Of Late Sukhal Ram Resident Of Village - Pakadiya Tola- Kubra, P.S.- Harsidhi, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Sanjay Kr. Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 447, 448, 341, 323, 324, 307, 504 of the Indian Penal Code.

Petitioner is said to have assaulted the informant by means of farsa on his head as a result of which he received injury.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.4532 of 2021(3) dt.01-08-2022 2/2 implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He fairly submits that the injury found upon the informant is grievous in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Harsidhi P.S. Case No. 335 of 2020. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day considering the fact that there is case and counter case between the parties.

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