Ramparvesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64011 of 2021 Arising Out of PS. Case No.-154 Year-2021 Thana- PATORI District- Samastipur ====================================================== Ramparvesh Ray S/O Late Ramdas Ray R/O Village- Siridilpur, P.S.- Patori, Distt.- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 447, 504, 506/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 09.05.2021 at about 3.00 P.M. in the evening when the informant on his land when it is alleged that the accused persons came there and started constructing wall on his land and the same was objected by the son of the informant when all the accused persons started abusing and also assaulted him with sawal and bamboo. It is next alleged that petitioner assaulted the informant and his son on their head causing injury

Patna High Court CR. MISC. No.64011 of 2021(2) dt.19-07-2022 2/3 and they became unconscious. Further the accused persons also assaulted the granddaughter and grandson with fists and slaps. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is next submitted that the petitioner and the informant are pattidar and they have land dispute, as such, the informant in order to settle the land dispute falsely alleges that he and his father were assaulted. It is next submitted that from perusal of the allegation, it would manifest that it is alleged in the F.I.R. that the petitioner assaulted by sawal and bamboo causing injury to the informant and his father. It is thus submitted that when the assault was repeated how two persons were injured.

The learned Additional Public Prosecutor opposes the anticipatory bail application and submits that there is a direct allegation of assaulting the informant and his father. It is next submitted that the injury is on a vital part of the body and the injury of the father of the informant is grievous in nature, who is an old person.

Considering the submissions made by the learned Additional Public Prosecutor, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner as the injury is grievous and is on the vital part of the body.

Patna High Court CR. MISC. No.64011 of 2021(2) dt.19-07-2022 3/3 Accordingly, his prayer for anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T