Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7273 of 2021 Arising Out of PS. Case No.-1 Year-2017 Thana- KOILWAR District- Bhojpur ====================================================== RAJU KUMAR Son of Shyam Sunder Mahto Resident of VillageMisharpura, P.S.-Koilwar, District-Bhojpur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in Koilwar P.S. Case No. 1/2017 registered under Sections 341,, 323, 326(A), 307 and 504/34 of the Indian Penal Code. The prosecution allegation, in short, is that the accused persons threw acid like substance due to which the informant and his sister sustained injuries.

Patna High Court CR. MISC. No.7273 of 2021(2) dt.20-01-2022 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is family dispute between the parties. Both the parties are agnates. Due to some property dispute, the alleged occurrence is said to have taken place. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The allegation is of throwing acid upon the informant and his sister. From the order of Sessions Court, it appears that the informant and his sister both have sustained acid burn injuries.

Considering the same, I am not inclined to grant anticipatory bail to the petitioner in connection with Koilwar P.S. Case No. 1/2017. Prayer is rejected. However, if the petitioner surrenders in the Court below and prays for bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T