Patna High CourtCR. MISC./51954/2019dismissed

Nitesh @ Nitesh Kumar v. The State Of Bihar

2019-08-21Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51954 of 2019 Arising Out of PS. Case No.-861 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Nitesh @ Nitesh Kumar, aged about 30 years Gender-Male Son of Ashok Pandey Resident of Village-Madapur Chaubey, P.S.-Sadar, DistrictMuzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ravi Ranjan, Advocate For the Opposite Party :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324 and 504/34 of the Indian Penal Code registered in connection with Sadar P.S. Case No. 861 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and the parties are agnates. It is submitted that the petitioner is an employee of Indian Army who was not present at the time of occurrence. The injury report showing lacerated wound was found on the skull of the informant which is attributed to other co-accused as the petitioner is said to have been armed with sword. Other accused persons have been granted anticipatory bail by the learned court below.

4. Learned APP appears and opposes the petition, submitting on the basis of the injury report (Annexure-3) that the injury has been sustained by Tribhuwan Pandey on the left hand and left leg which is grievous in nature. All the accused persons are said

Patna High Court CR. MISC. No.51954 of 2019(2) dt.21-08-2019 2/2 to have assaulted the informant.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) BT/- U