Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57280 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== Sachin Kumar Son Of Bhim Yadav Village- Dadhusir, Ps- Bannu Bagicha, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bannubagicha P.S. Case No. 12 of 2024 dated 03.03.2024, lodged under Sections 147, 149, 341, 323, 324, 325, 307, 379, 504 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Lakhisarai.

3. As per the prosecution story, FIR has been lodged against 12 named accused persons including the present petitioner against whom there is an allegation that they have surrounded the informant and assaulted him by lathi danda. The specific allegation against the petitioner is that he has assaulted Birendra Yadav by iron rod on his hand due to which the right hand of the Birendra Yadav got fractured.

Patna High Court CR. MISC. No.57280 of 2024(2) dt.07-08-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that with ulterior motive, the petitioner has been made accused due to the reason that on January, 2024 one criminal case has been filed against the informant and in the said case, the present petitioner was witness and undue pressure was created by the informant of the present case to take the case back and when the petitioner was not ready, then the present case has been filed. Counsel further submits that the injury is there in which it has come that it has been caused by hard and blunt substance.

5. Learned counsel for the petitioner submits that other co-accused person has been granted bail by this Court vide order dated 30.05.2024 passed in Cr. Misc. No.41422 of 2024. Counsel submits that there is allegation of only one blow against the petitioner. Counsel further submits that the criminal antecedent of the petitioner is clean.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner that he has caused injury by iron rod on the right hand of the Birendra Yadav which got fractured. Counsel further submits that injury report has been annexed and

Patna High Court CR. MISC. No.57280 of 2024(2) dt.07-08-2024 3/3 from the said injury report, it transpires that the injury has been caused by hard and blunt substance and nature of injury is grievous in nature.

7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Dr. Anshuman, J) Divyansh/- U T