Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74922 of 2023 Arising Out of PS. Case No.-1090 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Rajendra Prasad S/O Late Ramvriksha Prasad, R/o Village- Shivrahan Manjhauliya, PS- Ahiyapur, Dist. Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Chandra Shekhar Anand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-02-2024 Heard Mr. Chandra Shekhar Anand, the learned counsel for the petitioner and Mr. Chandra Shekhar Anand, the learned Additional Public Prosecutor for the State. 2.

The petitioner is apprehending his arrest in connection with Ahiyapur PS Case No. 1090 of 2022, FIR dated 29.11.2022, registered for the offences punishable under Sections 447, 341, 323, 307 and 324 read with Section 34 of the Indian Penal Code.

3.

According to prosecution case, the accused persons assaulted the informant due to a dispute regarding cutting of soil near a cemetery. It is further alleged that the petitioner Rajendra Prasad, inflicted spade blow on the head of the informant due to which he sustained injury.

4.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.74922 of 2023(3) dt.29-02-2024 2/2 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that upon perusal of the FIR, it appears that there is specific allegation attributed against this petitioner that he has assaulted the informant with spade and the injury report of the informant suggests that the injury is grievous in nature. 5.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that injury of the informant was found to be grievous in nature.

6.

In view of the aforesaid, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Ahiyapur PS Case No. 1090 of 2022 pending in the Court of learned Chief Judicial Magistrate, Muzaffarpur. 7.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T