Babloo Kumar @ Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69630 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- CHANDI District- Nalanda ====================================================== BABLOO KUMAR @ BABLU KUMAR Son of Sri Parmanand Prasad @ Parmanand Yadav Resident of Village - Siranava, P.S. - Wena/Chandi, District - Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 Mr. Rohit Kumar For the State Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 308, 504 and 506/34 of the Indian Penal Code, registered in connection with Wena/Chandi P.S Case No. 63 of 2019.

3. It is submitted that the petitioner has been falsely implicated and there is case and counter case between the parties. The present FIR has been filed after delay of two days on 21.02.2019 for the alleged occurrence of 19.02.2019. The accusation of assault on the informant' father in the earlier part of the FIR is general and omnibus against all the four accused persons and it is only in the latter part that specific accusation

Patna High Court CR. MISC. No.69630 of 2019(3) dt.05-03-2020 2/2 of assault by lathi on the informant's father has been attributed to the petitioner. The petitioner claims clean antecedents.

4. Learned APP appears and opposes the petition and submits on the basis of the injury report in the case diary that the injury sustained by the informant's father is grievous in nature caused by hard blunt object.

5. Having regard to the nature of accusations and gravity of offence alleged as well as the grievous injury sustained by the informant's father, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned court below, the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order. (Vikash Jain, J) HR/- U T