Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51746 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- BIND District- Nalanda ====================================================== RAKESH KUMAR Son of Ganga Bind Resident of village - Dariyapur, P.s - Bind, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-08-2023 Heard the parties.

The petitioner is in custody in connection with Bind P.S. Case No. 34 of 2023 for the offence under sections 341, 323, 307, and 504/34 of the Indian Penal Code lodged on 02.04.2023 by the informant, Sudhir Bind.

As per the prosecution story, there was a quarrel between the informant's son and son of his nephew in which the elders too came in and allegation against this petitioner is of assault by hands on the head of the informant causing serious head injury. Accordingly, the F.I.R.

Learned counsel for the petitioner submits that only use of hands cannot result into head injury and he may have fallen on the ground.

Mr. Jitendra Kumar Singh, learned APP has taken this

Patna High Court CR. MISC. No.51746 of 2023(2) dt.17-08-2023 2/2 Court to learned Sessions Judge order sheet to show that grievous injuries were found on the head of the injured. Considering the aforesaid facts that has come against the petitioner, for the present, this Court is not inclined to extend him the privilege of bail with condition, which is accordingly rejected.

(Rajiv Roy, J) kiran/- U T