Prabhash Kumar Mandal @ Prabhash Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.558 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== Prabhash Kumar Mandal @ Prabhash Mandal Son Of Jitan Mandal Resident Of Village- Raghopur, Ps- Raghopur, Distt- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivek Kumar, Advocate For the State :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-04-2024 Heard Mr. Vivek Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Raghopur P.S. Case No. 213 of 2023, F.I.R. dated 03.06.2023 for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. According to prosecution case, petitioner is said to have assaulted on the head of the father of the informant with khanti due to which he sustained injury.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.558 of 2024(4) dt.09-04-2024 2/2 petitioner has not committed any offences as alleged in the F.I.R.
5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposes the prayer of the bail of the petitioner and submits that from a perusal of the FIR it appears that the petitioner has assaulted the father of the informant and injury report of the injured person suggests that the injury is grievous in nature and apart from that the father of the informant has received injury on his head and doctor has also found fracture on the right partial bone and the nature of injury is grievous in nature.
6. Considering the allegation as alleged in the F.I.R and nature of the injury, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Raghopur P.S. Case No. 213 of 2023 pending in the court of learned A.C.J.M., Birpur at Supaul.
7. Prayer is refused.
(Rajesh Kumar Verma, J) ajay/- U T