Patna High CourtCR. MISC./68671/2022dismissed

Jitendra Mishra v. The State Of Bihar

2023-01-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68671 of 2022 Arising Out of PS. Case No.-173 Year-2022 Thana- HUSSAINGANJ District- Siwan ====================================================== JITENDRA MISHRA Son of Late Suryadeo Mishra R/V- Talakathu, P.SM.H. Nagar Hasanpura, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP For the Informant :

Mr.Hari Mohan Tripathi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 325, 504, 506/34 of the IPC.

Allegation against the petitioner is of assaulting the informant by means of axe on his head.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to prior enmity. No such occurrence, in the manner as alleged, has ever taken place. There is a land dispute between the parties. Petitioner has one criminal antecedent.

Patna High Court CR. MISC. No.68671 of 2022(2) dt.24-01-2023 2/2 Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submits that there is specific allegation against the petitioner and the injury of the informant was found to be grievous in nature. Having regard to the facts and circumstances of the case, since the injuries are grievous in nature, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T