Raghuni Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51269 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- JAMHOR District- Aurangabad ====================================================== RAGHUNI PAL S/O SUKHDEO PAL R/O BATWAN TOLE RAMCHANDRA NAGAR, P.S- JAMHORE, DISTT.- AURANGABAD. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Bhushan, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-11-2023 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Jamhore PS case no. 190 of 2022, disclosing offences punishable under Section 302 and other allied sections of the Indian Penal Code.

3.

The prosecution story, in brief, is that the petitioner assaulted the uncles of the informant with sword and other co-accused persons also assaulted the uncles of the informant by means of other weapons, due to which, one of the uncles of the informant died and one got seriously injured. 4.

Learned Counsel for the petitioner submits that both parties are agnates and there is land dispute existing between them. He further submits that it appears from perusal of

Patna High Court CR. MISC. No.51269 of 2023(4) dt.09-11-2023 2/2 FIR that informant was not an eye-witness to the occurrence, inasmuch as when the informant along with his family members arrived there, they saw that all the accused persons were fleeing away from the place of occurrence.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that there is specific allegation of assault upon the petitioner along with other accused persons with lethal weapon and one of the uncles of the informant has died and another received serious injury as also taking into account the nature of allegation and its gravity, I am not inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J) rinkee/- U T