Divyanshuraj Kumar @ Divyanshu Kumar @ Divyanshu Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55019 of 2024 Arising Out of PS. Case No.-708 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== Divyanshuraj Kumar @ Divyanshu Kumar @ Divyanshu Raj Kumar Son of Amit Ram Resident of Mohallah - Murli Hill Domtoli, Telbigha, P.O.- R.S., P.S.- Kotwali, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends arrest in connection with Kotwali P.S. Case No.708 of 2023 registered for the offence under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

3.

As per the prosecution case, informant's brother Sumit Kumar was going to Telbigha mode to purchase Samosa, in the meantime, all FIR named accused persons including the petitioner called the informant's brother in his house and assaulted him with iron rod with an intention to kill him.

4.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.55019 of 2024(2) dt.17-01-2025 2/3 petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that there is no eye-witness to the occurrence and the injury sustained by the victim, namely, Sumit Kumar is simple in nature. It is submitted that similarly situated co-accused persons have already been granted bail by this Court through Cr. Misc. No.48503 of 2024 on 20.07.2024. It is submitted that petitioner is a man of clean antecedent. 5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

In view of the submissions, as made above and nature of allegation and as there is specific allegation as regard to assault upon vital part of the body against this petitioner and the other co-accused persons have been granted privilege of anticipatory bail since no specific allegations has been levelled against them and as from perusal of injury report of victim it appears that the injury caused upon the head of the injured, Sumit Kumar he sustained (I) lacerated bleeding wound over forehead of size, 1 x 1⁄2 inch x muscle deep, where, CT Scan brain advised (ii) Abrasion of size 1⁄4 x 1/6 inch over lower lip - reddish in colour, this Court is not inclined to grant bail to the petitioner, at present.

7.

Accordingly, the prayer of bail of the

Patna High Court CR. MISC. No.55019 of 2024(2) dt.17-01-2025 3/3 petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T