Kameshwar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70883 of 2024 Arising Out of PS. Case No.-313 Year-2024 Thana- GARKHA District- Saran ====================================================== Kameshwar Rai S/o- Tufani Rai Resident of Village- Mubarakpur PS- Garkha District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Garkha P.S. Case No. 313 of 2024, registered for the offences punishable under Sections 147, 341, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code.
3. As per allegation, on 30.05.2024 at about 15.30, at the south of the informant's land, soil was being filled by his neighbour Kameshwar Rai. On protest, all the accused persons including the petitioner armed with weapons came there and started abusing and assaulting the informant and his family members. The allegation against the petitioner is that he assaulted Sudhir kumar on his head with farsa resulting into injuries.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.
Patna High Court CR. MISC. No.70883 of 2024(2) dt.17-01-2025 2/2 There is case and counter case. He has further submitted that the occurrence took place due to land dispute.
5. On the other hand, learned APP has opposed the prayer for bail and submitted that the injuries suffered by the injured is grievous in nature.
6. In my view, the petitioner does not deserve the privilege of bail, which is hereby rejected.
7. If the petitioner surrenders in the court below and seeks regular bail, the same shall be disposed of on its own merit, without being prejudiced by this order. (Nawneet Kumar Pandey, J) Nirmal/- U T