Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70525 of 2024 Arising Out of PS. Case No.-660 Year-2023 Thana- TEKARI District- Gaya ====================================================== Sujit Kumar Son of Kishori Sao village- Nauabigha, PS- Tekari, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajanan Mishra, Advocate For the Opposite Party/s :
Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Tekari P.S. Case No. 660 of 2023 instituted under Sections 341, 323, 324, 307, 506/34 of the Indian Penal Code lodged on 02.11.2023 by the informant, Basanti Devi.
3. As per the prosecution story, the informant alleged that due to the land dispute, the accused persons assaulted them and so far as this petitioner is concerned, allegation is that he gave 'Khanti' blow to the husband of the informant and also gave another blow to one Jageshwari Devi causing injuries to both of them. Further, allegation against this petitioner is of having brought pistol from the house and threatened to shot them. It was only due to arrival of the villagers that the accused retreated. This led to the FIR.
4. Though learned counsel for the petitioner tried to
Patna High Court CR. MISC. No.70525 of 2024(2) dt.10-01-2025 2/2 impress upon this Court that a perusal of learned Sessions Judge order would show that the Police failed to provide injury report relating to the assault that has been attributed to this petitioner, learned APP submits that this cannot be ground for extending anticipatory bail to the petitioner when the specific allegation is against him that he gave blow to two persons from the informant's side and thereafter, went inside and brought pistol from the house.
6. Having gone through the facts of the case and the submissions of the parties and after perusal of allegation that has come against the petitioner, no case of anticipatory bail is made out. The petition accordingly stands rejected. (Rajiv Roy, J) Ravi/- U T