Patna High CourtCR. MISC./63640/2023bail rejected

Ramishwar Yadav @ Ramishwar Singh v. The State Of Bihar

2023-10-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63640 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- TARARI District- Bhojpur ====================================================== Ramishwar Yadav @ Ramishwar Singh S/O Shiv Nath Singh @ Srinath Singh R/O Village- Parasiya, P.S- Tarari, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dheeraj Kumar, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Tarari PS Case No. 115 of 2023, dated 17-07-2023 registered for the offence punishable under Sections 341,323,307,504 and 506/34 of the Indian Penal Code.

3. It is alleged that the petitioner has assaulted the informant and his wife.

4. It is submitted by the petitioner's counsel that parties are agnates and in the course of some dispute, arising out of property related issue, the occurrence has taken place. The nature of injury sustained by the victim has been opined by the doctor to be simple in nature.

Patna High Court CR. MISC. No.63640 of 2023(2) dt.16-10-2023 2/2

5. Learned APP for the State has opposed the prayer for bail.

6. Considering the rival submissions, the Court finds that the injury report (Annexure-3 series) being relied upon by the petitioner, shows that the informant has sustained lacerated wound on the right temporal area 1" x 1/8" x 1/10". Having regard to the nature of injuries sustained by the informant and the allegations, this Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Prayer is rejected.

8. This Court would observe that if the petitioner surrenders in the learned court below and prays for regular bail, the same shall be considered and disposed of by the learned court below on its own merit without being prejudiced by this order.

(Madhuresh Prasad, J) shyambihari/- U T