Sankar Prasad @ Rama Shankar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81767 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- KHAIRA District- Saran ====================================================== Sankar Prasad @ Rama Shankar Prasad Son Of Late Vishwanath Prasad R/O Village- Aphaur, P.S.- Khaira, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Vagisha Pragya Vacaknavi, Adv For the State : Mr. Manoj Kumar,APP For the Informant : Mr. Ashok Kr. Mishra with Ms. Pratibha Srivastava, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Khaira (Nagra OP) PS Case No. 275 of 2023 dated 26-07-2023, instituted under Sections 341, 323,324,354(B),307,504 and 506/34 of the I.P.C.
3. The prosecution case, in short, is that while the informant was accumulating the scattered bricks in his house, the petitioner and other accused persons reached there and started abusing him. On protest, all the accused persons assaulted him with lathi, danda and iron rods. It is alleged that the petitioner assaulted him by means of iron rods, causing
Patna High Court CR. MISC. No.81767 of 2023(3) dt.07-03-2024 2/3 grievous injury on his head. The accused persons have also outraged the modesty of the informant's daughter-in-law.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. The petitioner and informant are agnates. Lastly, it is submitted that the petitioner is a man of clean antecedent.
5. The learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for bail. It is submitted that there is specific allegation against the petitioner of assaulting the informant on his head causing grievous injury.
6. Earlier this Court had called for the case diary, which has been received. The injury report of the informant is annexed at paragraph 13 of the case diary, which reveals fracture involving left Zygomatic arch on the left partial bone and nature of injury is stated to be grievous, caused by hard and blunt substance.
7. Considering the aforesaid facts of the case as well as the nature of injury and the specific allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. Prayer for pre- arrest bail is rejected.
Patna High Court CR. MISC. No.81767 of 2023(3) dt.07-03-2024 3/3
8. However, if the petitioner surrenders before the learned court below within six weeks and prays for regular bail, the same shall be considered and disposed of on its own merit without being prejudiced by this order.
(Khatim Reza, J) shyambihari/- U T