Patna High CourtCR. MISC./67189/2023disposed

Pankaj Kumar v. The State Of Bihar

2023-10-17Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67189 of 2023 Arising Out of PS. Case No.-416 Year-2023 Thana- DHANARUA District- Patna ====================================================== PANKAJ KUMAR S/O SUNIL PRASAD VILLAGE- DOST MAHMADPUR, PO- VIJAYPURA, DIST- DHANARUA, DIST- PATNA (BIHAR), PIN 804451 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Adv For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Dhanarua P.S. Case No. 416 of 2023 registered on 18.07.2023 lodged under Sections 341, 307, 324, 504, 34 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against two named accused persons including the petitioner.

4. Counsel for the petitioner submits that the petitioner and the informant are agnates and due to partition of land, the dispute arose between them, Subsequently, free fight took place between them and both sides got injured. Informant side had filed criminal case whereas petitioner side had not filed any criminal case. Due to the injury, the father of the husband of the informant was admitted to P.M.C.H. Patna

5. Counsel further submits that petitioner submits that

Patna High Court CR. MISC. No.67189 of 2023(2) dt.17-10-2023 2/3 injury report is attached in Annexure-P2 and from the injury report, it transpires that injury is grievous in nature. He further submits that petitioner is in custody since 19.07.2023

6. Learned counsel for the State opposes the prayer for bail.

7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that statement made in Paragraph 11 that there is one injury is absolutely wrong because as per injury report, it seems that there is three injuries and nature of injuries are grievous in nature.

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.

9. However, the trial Court is directed to release the petitioner on bail by imposing its own condition so that the petitioner may not evade appearance during the trial, if he renews his prayer for bail after framing of charge.

10. With this observation, the bail application stands disposed of.

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

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