Raman Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45614 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Raman Kumar Gupta S/o Arun Kumar Gupta R/o village- Bhouaada Old Durga Moure, P.S.- Nagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Soban Asghar, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP For the Informant :
Mr. Rikesh Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner apprehends his arrest in connection with Madhubani Nagar P.S. Case No. 23 of 2019 (CRI Case No. of 2019), registered under Sections 341/323/379/307/504/34 of the Indian Penal Code. The allegation against the petitioner is that the petitioner assaulted on the head of the informant with iron rod, causing injury to the informant.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated by the informant, who is nephew of the petitioner. He further submits that both the parties are agnates and there is dispute between
Patna High Court CR. MISC. No.45614 of 2019(2) dt.24-07-2019 2/2 them. He further submits that occurrence has taken place on 16.01.2019, but the FIR has been lodged after delay of one day i.e. 17.01.2019.
Learned counsel for the opposite party no.2, vehemently opposes the prayer for bail and submits that there is direct allegation against the petitioner, who has assaulted on the head of the informant, causing grievous injury and he further submits that there is no land dispute.
After having heard learned counsel for the parties and taking into consideration the fact that there is direct allegation of assault by iron rod on the head of the informant against the petitioner causing grievous injury, I am not inclined to grant anticipatory bail to the petitioner.
This application is, accordingly, dismissed.
(Anil Kumar Sinha, J) S. Katyayan/- U T