Patna High CourtCR. MISC./53852/2019dismissed

Nagendra Patel @ Nagendra Rai v. The State Of Bihar

2019-08-27Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53852 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== NAGENDRA PATEL @ NAGENDRA RAI Son of Late Chait Patel Resident of Village- Paroo, Police Station- Paroo, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-08-2019 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, 448, 354, 307, 504/34 of the Indian Penal Code registered in connection with Paroo P.S. Case No. 23/2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The petitioner is alleged to have assaulted the informant with iron rod on his head but no injury report of the informant is available as transpired from the order of the learned Sessions Judge. The petitioner claims clean antecedents.

4. Learned APP opposes the petition submitting that

Patna High Court CR. MISC. No.53852 of 2019(2) dt.27-08-2019 2/2 as many as four named accused persons including the petitioner and 10 unknown persons came armed variously with iron rod, sword, lathi and danda and have assaulted the informant and his family members. The order of the learned Sessions Judge shows that the injuries sustained by Maha Devi, wife of the informant's younger brother on her head are grievous in nature having suffered depressed skull fracture of right frontal bone, large extradural hematoma located at frontal region.

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

(Vikash Jain, J) Chandran/- U T