Durgesh Panda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67603 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- LAURIA District- West Champaran ====================================================== DURGESH PANDA Son of Sri Shiv Panda, Resident of Village - Panda Patti, P.S.- Lauriya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-11-2019 Heard both sides.

The petitioner apprehends his arrest in Lauriya P.S. Case No.145 of 2019 registered under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. The informant alleged that while he was sitting at his door, the accused persons including the petitioner Durgesh Panda came and abused the informant. Dipu Panda caught the informant and Durgesh Panda assaulted him with iron rod on his right forehead and nose. The informant fell down and became unconscious.

Learned counsel for the petitioner submits that for the same occurrence, Shiv Panda filed Complaint Case No.1992C of 2019 against the informant and others. Both sides entered into a scuffle and assaulted each other. It is further submitted

Patna High Court CR. MISC. No.67603 of 2019(2) dt.04-11-2019 2/2 that the doctor opined that one injury found is grievous on account of fracture of nasal bone. There is no specific allegation but it appears that the informant himself, who is an injured, made specific allegation against the petitioner that it was the petitioner, who assaulted him with iron rod on his forehead and nose and the injury found on the nose of the informant is grievous on account of fracture of nasal bone. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T