Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4740 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.

PINTU KUMAR SON OF ARVIND PRASAD R/O VILLAGE- MADHO BIGHA, P.S.- NIMCHAK BATHANI, DISTRICT- GAYA 2.

RAVINDRA PRASAD @ RAVINDAR KUMAR @ DEVENDRA @ RAVINDAR SON OF ARVIND PRASAD R/O VILLAGE- MADHO BIGHA, P.S.- NIMCHAK BATHANI, DISTRICT- GAYA 3.

ARVIND PRASAD SON OF LATE SUKAR SINGH R/O VILLAGEMADHO BIGHA, P.S.- NIMCHAK BATHANI, DISTRICT- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Yadav For the Opposite Party/s :

Mr. Dr. Ajeet Kumar Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Nimchak Bathani P.S. Case No.140 of 2022, registered for the offence punishable under Sections 341, 323, 307, 506, 504/34 of the Indian Penal Code.

The allegation against the petitioners is that they alongwith other co-accused persons brutally assaulted the father of the informant and the informant as well.

Patna High Court CR. MISC. No.4740 of 2023(3) dt.05-05-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. It is further submitted that there is land dispute between both the parties and both sides are agnates .Petitioners have no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by learned counsel for the informant that the petitioners and others co-accused persons brutally assaulted the father of the informant by thrashing his chest, which is clear from the Annexure-2 of the bail application. Having regard to the facts and circumstances of the case as well as considering the nature of injury, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. Accordingly, this application is dismissed.

However, if the petitioner surrenders before the learned

Patna High Court CR. MISC. No.4740 of 2023(3) dt.05-05-2023 3/3 Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T