Mohit Kumar @ Mohit Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7188 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- ISUAPUR District- Saran ====================================================== Mohit Kumar @ Mohit Gupta S/o Mr. Om Prakash @ Om Prakash Gupta R/o Village- Nipaniya, P.S. Ishuapur, Distt- Saran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh Mr. Ritwik Thakur, Advocates For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-02-2024 Heard Ms. Vaishnavi Singh, learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.
2. The petitioner is apprehending his arrest connection with Ishuapur P.S. Case No. 178 of 2023, F.I.R. dated 07.07.2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 307, 504/34 of the Indian Penal Code.
3. Allegation against the petitioner is that he assaulted the informant Vikas Kumar Gupta from Farsha which caused serious cut injury on his head and right hand.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case and there is case and counter case between the parties. He further submits that it appears from the
Patna High Court CR. MISC. No.7188 of 2024(2) dt.17-02-2024 2/2 F.I.R. that there is specific allegation against the petitioner that he has assaulted the informant namely Vikash Kumar Gupta and the injury report of Vikash Kumar Gupta suggests that he received injury which is grievous in nature. Learned counsel for the petitioner further submits that the petitioner has also received injury and the father of the petitioner also received the grievous injury.
5. Learned APP for the State, on the other hand, vehemently opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts that the petitioner assaulted the informant namely Vikash Kumar Gupta and he has received grievous injury, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Ishuapur P.S. Case No. 178 of 2023 pending in the Court of Chief Judicial Magistrate, Saran at Chapra.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Ibrar//- U T