Bikau Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58350 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- KARTAHA DistrictVaishali ====================================================== BIKAU RAY Son of Jhagru Ray Resident of Village- Ghatro, P.S.- Kartaha, District- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Barun Kumar Choudhary, Advocate.

For the Opposite Party:

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-09-2019 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, 307, 325, 504/34 of the Indian Penal Code registered in connection with Kartaha P.S. Case No. 03 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of petty dispute and there is case and counter case between the parties. It is submitted that the accusation of assault with iron rod by the petitioner and coaccused Sonu Ray is general and omnibus and no specific injury has been attributed individually. It is further stated that coaccused Jhagru Ray has been granted anticipatory bail by the learned Court below in A.B.P No. 507 of 2019. The petitioner

Patna High Court CR. MISC. No.58350 of 2019(2) dt.17-09-2019 2/2 claims clean antecedents.

4. Learned APP on the other hand invites reference to the order of the learned Additional Sessions Judge which has taken note of the injury report in the case diary. It has been noted that injured Bharat Prasad Singh (informant) has sustained grievous injury on his left hand and opinion has been kept reserved in respect of head injury awaiting C.T. Scan. It is further submitted that the injured has sustained injury also on the vital part of his body. It is also submitted that the case of the petitioner is distinct from co-accused Jhagru Ray who has been granted anticipatory bail as there does not appear to be any allegation of assault alleged against Jhagru Ray.

5. Having regard to the nature of accusations, gravity of the offence alleged and the injury sustained by the informant, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. (Vikash Jain, J) Ibrar//- U T