Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63218 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- BARABAR TOURIST District- Jehanabad ====================================================== 1.

Bablu Kumar Son of Gulabchand Yadav Village- Dakra,P.S- Barabar Paryatak,District -Jehanabad 2.

Tunu Kumar son of Gulabchand Yadav Village- Dakra,P.S- Barabar Paryatak,District -Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rishi Raj Raman, Adv.

For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-10-2024 Heard the parties.

2. The petitioners apprehend their arrest in connection with Barabar Tourist P.S. Case No. 54/ 2024 dated 10.06.2024 registered for the offence(s) punishable under Section(s) 341, 323, 504, 307, 379, 506 read with section 34 of the Indian Penal Code.

3. Mr. Rishi Raj Raman, learned counsel for the petitioners submits that both the petitioners have been falsely implicated in this case and there is case and counter case in between both the parties, the informant is the cousin brother of the petitioners and there is no serious allegation against petitioner No.1, Bablu Kumar, who is alleged to have wrapped a

Patna High Court CR. MISC. No.63218 of 2024(2) dt.05-10-2024 2/3 towel around the neck of the informant and thereafter pushed him down on the ground and so far as allegation against petitioner No.2 is concerned, he is alleged to have assaulted the informant by means of Lathi and Danda but during the course of medical treatment the informant did not agree for an X-ray examination and in this regard, he has given an affidavit and owing to the said reason final opinion with regard to his injuries has not been given by the doctor concerned.

4. Mr. Rabindra Kumar, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Heard both sides and perused the F.I.R. and the injury report of the informant filed as Annexure-3. As per allegation, both the petitioners firstly started abusing the informant which was opposed by the informant and thereafter assaulted him badly and the injury report of the informant shows that he sustained altogether seven injuries out of them five injuries were found on the vital part of his body, though the informant did not agree for an X-ray examination but it is not clear under what circumstances he disagreed for an X-ray examination and further, the investigation is pending.

6. Considering all these facts, particularly, the nature of allegation appearing against the petitioners, this court is not

Patna High Court CR. MISC. No.63218 of 2024(2) dt.05-10-2024 3/3 inclined to grant relief of anticipatory bail to the petitioners. Their prayer stands rejected.

(Shailendra Singh, J) BKS/- U T