Pawan Bind @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.348 of 2024 Arising Out of PS. Case No.-48 Year-2023 Thana- BANDEYA District- Aurangabad ====================================================== Pawan Bind @ Pawan Kumar, S/o Dhanraj Bind, R/o Village Jhikatiya, P.S.- Bandeya, Dist.- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bachan Jee Ojha, Advocate For the State :

Mr. Nawal Kishore Prasad, APP For the Informant :

Mr. Nitya Nand Neeraj, Advocate Kumari Anjani Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State duly assisted by learned counsel appearing on behalf of the informant.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Bandeya P.S. Case No.48 of 2023 registered under Section 302 read with 34 of the Indian Penal Code.

3. Allegation against the petitioner is to assault the husband of the informant along with other co-accused persons/family members by means of using lathi, rod etc., causing bodily injuries, where during the course of

Patna High Court CR. MISC. No.348 of 2024(3) dt.19-03-2024 2/3 treatment, the husband of informant died after 25 days.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated with present case out of soil filling issue, where allegation regarding physical assault is appearing very much general and omnibus against the petitioner along with family members. It is submitted that husband of informant has received stomach injuries, as he fell to the ground during scuffling and as out of negligence in treatment, he developed septicemia, which caused his death. While concluding argument, it is submitted that the petitioner is a man of clean antecedent.

5. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that informant is the eye witness of the occurrence and out of trivial issues, husband of the informant was brutally assaulted by the petitioner due to which, he ultimately died during the course of treatment. It is submitted that another co-accused persons were granted regular bail by this Court.

Patna High Court CR. MISC. No.348 of 2024(3) dt.19-03-2024 3/3

6. In view of aforesaid factual submissions and by taking note of fact as it is a case of collective assault along with family member, causing death of husband of the informant, the prayer for grant of anticipatory is rejected herewith.

(Chandra Shekhar Jha, J.) Sanjeet/- U T