Ankur Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71561 of 2022 Arising Out of PS. Case No.-117 Year-2020 Thana- BAGENGOLA District- Buxar ====================================================== Ankur Kumar Pathak Son Of Devendra Kuamar Pathak R/O Village- Baradhi, P.S.- Bagengola, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Bagengola P.S. Case No.117 of 2020 registered for the offences punishable under Sections 341, 323, 504, 448, 379, 354, 307 and 34 of the Indian Penal Code.

The allegation against the petitioner is to assault informant by means of farsa causing head and bodily injuries,

Patna High Court CR. MISC. No.71561 of 2022(2) dt.02-05-2023 2/3 having intention to cause his death, where dispute arises out of neighbourhood disputes and differences.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is falsely implicated in this case out of neighbourhood disputes and differences and nature of injuries as alleged to be caused to informant is not appearing sufficient to cause death in ordinary course of nature. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that allegation against this petitioner is specific as causing head injuries to the informant, which is grievous in nature. It is also submitted that multiple sharp cut injuries were caused by petitioner while assaulting the informant.

In view of the facts and circumstances as mentioned above and by taking note of the repeated sharp cut injuries appearing grievous in nature, which are in full corroboration with the nature of weapon as alleged to cause injuries by the petitioner, the prayer of anticipatory bail of the petitioner is rejected herewith.

However, in case the petitioner surrenders and

Patna High Court CR. MISC. No.71561 of 2022(2) dt.02-05-2023 3/3 seeks regular bail, the same shall be considered by the learned Court below on its own merit without being prejudiced in any manner by this order.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T