Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58247 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- GARKHA District- Saran ====================================================== 1.

Pawan Kumar S/o Ram Nath Ray R/o vill - Rustampur, P.S. - Garkha, Distt. - Saran, Bihar 2.

Vishal Kumar S/o Ram Nath Ray R/o vill - Rustampur, P.S. - Garkha, Distt. - Saran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioners :

Md Anis Akhtar, Advocate For the State :

Mr. Pramod Kumar Pandey, APP For the Informant :

Mr. Dhananjay Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2024 Heard Md. Anis Akhtar, learned counsel appearing on behalf of the petitioners, Mr. Pramod Kumar Pandey, learned APP appearing on behalf of the State and Mr. Dhananjay Kumar Tiwary, learned counsel appearing on behalf of the informant.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 20.02.2024 at about 6:30 PM, while the informant was at his house, in the meantime, all the F.I.R. named accused persons, including these petitioners, armed with iron rod, sticks, sword and farsa, came

Patna High Court CR. MISC. No.58247 of 2024(2) dt.19-09-2024 2/3 there and started abusing informant. It is further alleged that upon protest, Petitioner No. 2 caught the informant and thereafter, Petitioner No. 1 and co-accused Ramnath Ray assaulted on head of informant by means of sword.

4. It is submitted by learned counsel appearing on behalf of the petitioners that due to a petty dispute, an altercation took place between the parties. There are general and omnibus allegations against these petitioners.

5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and there is specific accusation that Petitioner No. 2 caught hold of the informant and Petitioner No. 1 and coaccused Ramnath Ray assaulted informant by means of sword. Doctor has found the injuries sustained by informant to be grievous in nature. It is further submitted that Petitioner No. 1 has got six criminal antecedents and Petitioner No. 2 has got 4 criminal antecedents.

6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and criminal antecedents of the petitioners, the prayer for grant of

Patna High Court CR. MISC. No.58247 of 2024(2) dt.19-09-2024 3/3 anticipatory bail to the petitioners is rejected. (Prabhat Kumar Singh, J) shashank/- U T