Patna High CourtCR. MISC./74629/2023dismissed

Rakesh Kumar @ Rakesh Pandit @ Rakesh Padit v. The State Of Bihar

2023-12-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74629 of 2023 Arising Out of PS. Case No.-142 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Rakesh Kumar @ Rakesh Pandit @ Rakesh Padit Son Of Tufani Pandit Resident Of Village - Jadopur Mauje Tola, P.S. - Jadopur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 379, 504, 506 and 307/34 of the Indian Penal Code.

3. Petitioner is said to have assaulted the informant by means of iron-khanti blow on his head causing injury. He also snatched away mobile and golden chain of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that occurrence took place on 14.06.2023 but the FIR has been lodged on 17.06.2023 without explaining any reasonable cause of delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Patna High Court CR. MISC. No.74629 of 2023(2) dt.01-12-2023 2/2

5. Learned APP for the State opposes the prayer for bail submits that the injury found upon the victim is grievous in nature.

6. Considering the facts and circumstances of the case and the nature of injury, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Jadopur P.S. Case No. 142 of 2023.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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