Pawan Roy @ Chuto Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75465 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- CHANDRAMANDI District- Jamui ====================================================== 1.

Pawan Roy @ Chuto Rai S/o- Kelu Rai @ Kundan Kumar Roy VillageMadhopur PS-Chandramandih District- Jamui 2.

Kundan Rai Son of Sudhir Ray Village- Madhopur PS-Chandramandih District- Jamui 3.

Dipak Kumar @ Dipak Kumar Roy Son of Sudhir Ray Village- Madhopur PS-Chandramandih District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-01-2025 Heard Learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Chandramandih P.S. Case No.62 of 2024, lodged on 04.05.2024, for the offences punishable under Sections under Sections 147/148/341/323/324/342 /307 /379 / 427/325/504/506 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against 11 named accused persons including the present petitioners with allegation that they all were trying to break the

Patna High Court CR. MISC. No.75465 of 2024(3) dt.29-01-2025 2/3 boundary wall and on protest by the nephew of the informant the accused persons abused and assaulted him. Petitioner Deepak Kumar and Kundan Rai assaulted by means of rod on the head and hand of his nenphew. Co-accused Sudhir Roy and petitioner Pawan Kumar assaulted on the forehead of Rambabu by means of stick of axe.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that petitioners have clean antecedent. Counsel submits that the doctor has found simple injury except injury of Rajesh Kumar Sah which is lacerated on left upper eye. Counsel submits that petitioner side has also lodged a case against the informant side.

5. Learned Additional Public Prosecutor appearing on behalf of the State opposes the prayer for anticipatory bail and submits that petitioners, namely, Dipak Kumar and Kundan Rai assaulted on the head of Rajesh Kumar and petitioner Pawan Kumar assaulted by stick of axe on the upper part of the eye of Rambabu.

6. Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioners. Hence, the prayer for anticipatory bail is refused.

Patna High Court CR. MISC. No.75465 of 2024(3) dt.29-01-2025 3/3 However, in the event of surrender of the petitioners, the prayer for regular bail shall be considered on the same day without being prejudiced by the order of this Court.

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