Patna High CourtCR. MISC./85381/2019bail rejected

Amod Kapri v. The State Of Bihar

2020-01-07Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85381 of 2019 Arising Out of PS. Case No.-249 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== AMOD KAPRI S/o Late Devendra Kapri Resident of Village- Tulsipur, P.S.- Kharik, Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and learned counsel for the informant.

Petitioner apprehends his arrest in connection with Kharik P. S. case no. 249/2019 registered under sections 307, 379 and other allied section of the IPC.

Prosecution case is that petitioner and others are said to have assaulted the informant by lathi and iron rod. It is submitted by counsel for the petitioner that allegations of assault are general and omnibus and minor injury has been suffered by the informant-Veena Devi. Reference is made to Annexure 2 i.e. injury report of the informant. Addl. P.P. and counsel for the informant have opposed the prayer for bail. They have pointed out that there is specific

Patna High Court CR. MISC. No.85381 of 2019(2) dt.07-01-2020 2/2 allegation of assault against the petitioner. Various injuries which were found. The injury report in respect of Veena Devi also corroborates injuries as a result of assault perpetrated by the instant petitioner (Amod Kapri).

Reference is also placed by counsel for the petitioner on the ground of anticipatory bail to other co-accused in Cr. Misc. no.82161/2019 and Cr. Misc. no. 82958/2019. Considering the aforesaid facts and circumstances as well as submissions of the parties, I do not think it proper to extend the privilege of anticipatory bail to the petitioner in view of specific allegation made against him which appears to be corroborated by the injury report and accordingly, his petition stands dismissed.

(Madhuresh Prasad, J) s.hassan/- U T