Kanshi Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69687 of 2022 Arising Out of PS. Case No.-553 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

KANSHI RAY Son of Late Gopal Ray Resident of Village - Chak Bigjani, Police Station - Sadar, District - Vaishali.

2.

Ravi Kumar Son of Kanshi Ray Resident of Village - Chak Bigjani, Police Station - Sadar, District - Vaishali.

3.

Ranjan Kumar Son of Naresh Ray Resident of Village - Chak Bigjani, Police Station - Sadar, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar, Adv.

For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-05-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Hajipur Sadar P.S. Case No. 553 of 2022 registered for the offence punishable under Sections 147, 149, 341, 323, 307, 354(B), 379 and 504 of the Indian Penal Code. The case of the prosecution, in brief, according to the informant, is that on the alleged date and time of occurrence, the accused persons including the petitioners had arrived at the house of the informant, whereafter they had not only abused the informant, but had also assaulted her and her husband. The

Patna High Court CR. MISC. No.69687 of 2022(2) dt.16-05-2023 2/3 petitioners no. 1 and 2 have specifically been alleged to have assaulted the husband of the informant by iron-rod on his head and his right hand palm, resulting in him sustaining grievous injuries. As far as the petitioner no. 3 is concerned, he is alleged to have stabbed the son of the informant by knife in his abdomen.

The learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. It is submitted that though the petitioners no. 1 and 3 are having clean antecedent, however, the petitioner no. 2 is an accused in one another case. It is also submitted that the present case arises out of case and counter case and members of both the parties have sustained injuries, hence, a sympathetic consideration be taken.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and considering the materials available on record, this Court finds that the petitioners have been alleged to have assaulted the husband and son of the informant resulting in them sustaining grievous injuries, hence, I do not find the present case

Patna High Court CR. MISC. No.69687 of 2022(2) dt.16-05-2023 3/3 to be a fit case for grant of anticipatory bail, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T