Subodh Kumar @ Subodh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82006 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Subodh Kumar @ Subodh Singh, S/O Bhola Singh, Resident of village - Vishnupur Dharanand, P.S - Tariyani , Dist- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate with Mr. Rajeev Ranjan No. II, Advocate For the State :

Mr. Ganesh Prasad Singh, Advocate For the informant :

Mr. Jeetendra Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Tariyani P.S. Case No. 155 of 2023 dated 18.06.2023 instituted for the offence punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the alleged date of occurrence, the petitioner and other accused persons assaulted the informant and his brother by means of iron rod & lathi-danda. The allegation against the petitioner is that he assaulted by means of iron rod on the head of the informant and his brother. It is also alleged that earlier to this incident, they also assaulted his nephew.

Patna High Court CR. MISC. No.82006 of 2024(5) dt.24-01-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no repetition of assault by the petitioner, as such no offence under Section 307 of the Indian Penal Code is made out against the petitioner. The alleged occurrence took place due to previous land dispute. There was some altercation took place between the parties due to which the petitioner has been falsely implicated in this case. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner. Learned counsel for the informant submits that there is specific allegation against the petitioner who assaulted the informant and his brother by means of iron rod. The injury reports also corroborate the allegation against the petitioner. The CT-Scan of the informant shows that there is fracture of left frontal bone caused by hard and blunt substances. As per the injury report, the injury is grievous in nature. As per the injury report of Chitranjan Kumar Singh, he sustained incised wound on the head and doctor opined that the injury is simple in nature caused by sharp weapon. Learned counsel for the informant submits that the injuries caused by the petitioner and co-accused Ratnesh Singh are on the vital part of the body of the informant

Patna High Court CR. MISC. No.82006 of 2024(5) dt.24-01-2025 3/3 and his brother.

6. Since there is specific allegation against the petitioner that he assaulted the informant and his brother by means of iron rod, which has been corroborated by the injury reports, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail on behalf of the petitioner stands rejected.

(Khatim Reza, J) premchand/- U T