Patna High CourtCR. MISC./59791/2019dismissed

Shyam Kumar v. The State Of Bihar

2019-09-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59791 of 2019 Arising Out of PS. Case No.-530 Year-2019 Thana- KANTI THARMAL POWER District- Muzaffarpur ====================================================== SHYAM KUMAR Son of Mahendra Sah Resident of Village - Chakbarkurva, P.S.- Kanti, (Panapur O.P.), District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Hari Kishore Thakur, Advocate.

For the Opposite Party:

Mr. Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 341, 323, 308, 379 and 506 of the Indian Penal Code registered in connection with kanti P.S. Case No. 530 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation of having assaulted the informant with screwdriver above the waist. It is submitted that the petitioner's name has been taken by the informant on the basis of knowledge derived from unknown sources. The injury report has been obtained from a private hospital. It is further submitted that co-accused sons of the petitioner have been granted regular bail by the learned Court below. The petitioner claims clean

Patna High Court CR. MISC. No.59791 of 2019(2) dt.24-09-2019 2/2 antecedents.

4. Learned APP on the other hand invites reference to the injury report which discloses puncture on left side of dorsal spine about 1⁄4 inch radius, which corroborates the accusation of assault with screwdriver. The injury has been stated to be grievous in nature.

5. Having regard to the nature of accusations and the gravity of the offence alleged, 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