Lalbabu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76913 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- ATHMALGOLA District- Patna ====================================================== Lalbabu Rai son of Late Jagdish Rai R/o- Budhra Ps- Athmalgola Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Bihari Singh, Adv.
For the State :
Ms. Rita Verma, APP For the Informant :
Mr. Anjani Kumar Mishra, Adv.
Mr. Sanjeev Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Informant.
2. The petitioner apprehends his arrest in connection with Athmalgola P.S. Case No. 100 of 2023 registered under Sections 341, 323, 324, 307, 379, 506 and 34 of the Indian Penal Code.
3. The prosecution story, in brief, is that the petitioner assaulted the informant by means of sharp aged Hasuli. It is alleged that the petitioner also assaulted the wife of the informant by using feet and fist and snatched her Golden Chain and Mangal Sutra.
4. Submission of learned counsel for the petitioner is that petitioner is innocent has falsely been implicated in the
Patna High Court CR. MISC. No.76913 of 2023(4) dt.09-04-2024 2/2 present case. Further submission is that petitioner and informant are own brother and there is old land dispute between them.
5. Learned A.P.P. appearing on behalf of the State and learned counsel for the informant opposed the prayer of the petitioner by contending that there is direct allegation of assault against the petitioner to the informant and his wife. The injury report also corroborates the same. Hence, the petitioner does not deserve the privilege of anticipatory bail.
6. Having considered the facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is rejected.
(Prabhat Kumar Singh, J) utkarsh/- U T