Patna High CourtCR. MISC./66863/2023disposed

Shiv Sah v. The State Of Bihar

2023-10-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66863 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- PATHAMARI District- Kishanganj ====================================================== Shiv Sah Son Of Upendra Sah Resident Of Village- Pathamari, Ward No. 03, Ps- Pathamari, Distt- Kishanganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey(A.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Pathamari P.S. Case No. 18 of 2023 lodged under Sections 341, 323, 324, 325, 307, 354B, 379, 504, 506, 447 of the I.P.C.

3. As per the prosecution case, the case has been filed against the named accused persons (petitioner).

4. Learned counsel for the petitioner submits that petitioner and informant both are resident of the same village. Counsel submits that for petty issue, the dispute has arisen between the informant and petitioner. The allegation against the petitioner is that he has assaulted on the head of the informant, due to which bleeding started.

5. Counsel further submits that he has annexed injury

Patna High Court CR. MISC. No.66863 of 2023(2) dt.16-10-2023 2/2 report. From the injury report, it transpires that the nature of injury is simple by hard and blunt substances.

6. Counsel for the petitioner further submits that petitioner is in custody is since 18.06.2023 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner to assault on the informant's head by weapon (dabia) due to which injury has been caused on the head.

8. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge and the trial Court is directed to release him on bail upon framing of charge imposing conditions so that he may not evade his appearance during trial.

(Dr. Anshuman, J.) prakashmani/- U T