Bachchu Ravidas @ Bachchu Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76374 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- BELCHHI District- Patna ====================================================== BACHCHU RAVIDAS @ BACHCHU MOCHI, S/o Late Ghutun Ravidas R/o village- Korari, P.S.- Belchhi, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-10-2021 Heard Sri Anil Kumar Singh, learned counsel appearing on behalf of the petitioner and Sri Ashok Kumar Singh, learned A.P.P. for the State.

Learned counsel appearing on behalf of O.P. No.2 submits that counter affidavit has already been filed through Email and the copy of the same is filed today in Court. Let it be kept on record.

The petitioner apprehends his arrest in connection with Belchhi P.S. Case No. 40 of 2019, registered under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code, pending in the court of the learned Sub-Divisional Judicial Magistrate, Barh, Patna.

The allegations made in the F.I.R., in brief, are that there was an altercation between the women of the parties in

Patna High Court CR. MISC. No.76374 of 2019(10) dt.28-10-2021 2/3 between and it has been further alleged that Agnu Ravidas (victim)got involved in the said altercation seeing this, accused Bachchu Ravidas (Petitioner) armed with dagger stab blows in his chest. The victim Agnu Ravidas fell down. The informant ran to save his brother then accused Lalan Ravidas and Munnu Ravidas assaulted the informant by means of Lathi, Danda due to which informant and his brother received sever injuries. Learned counsel appearing on behalf of petitioner submits that petitioner is innocent and he has falsely been implicated in this case.

He further submits in para-7 of the petition that due to previous enmity of land dispute some altercation had taken place between the women of the parties and Agnu Ravidas (victim) entered into the house of the petitioner to assault his family members. The incident took place in defence to save the life of his family members. Further submission is that victim misbehaved with the female members of the family of the petitioner and as such he had no alternative but to save the lives of his family members and dignity due to which this incident took place in defence. Learned A.P.P.

Patna High Court CR. MISC. No.76374 of 2019(10) dt.28-10-2021 3/3 of this case by filing a supplementary affidavit. From perusal of the injury report it appears that injury is grievous in nature on the vital part of the body, with the stab blow of dagger in the chest of the victim and due to which he had to be hospitalized at PMCH treatment for long time.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which shall be considered by the trial Court in accordance with law without being prejudiced by the order of this Court. (Purnendu Singh, J) manish/- U T