Gagandeo Prasad vs The State Of Bihar
2021 Latest Caselaw 2953 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 37118 of 2020
   Arising Out of PS Case No.-547 Year-2015 Thana- RUNNISAIDPUR District- Sitamarhi
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Gagandeo Prasad, aged about 50 years, Male, Son of Rambharosh Bhagat. All are Resident of Village- Chakjamal, PS- Minapur, District- Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s    :        Mr. Shanti Bhushan Singh, Advocate
 For the State           :        Mr. Arun Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Shanti Bhushan Singh, learned counsel for

the petitioner and Mr. Arun Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Runnisaidpur PS Case No. 547 of 2015 dated 13.10.2015,

instituted under Sections 341, 323, 324, 307 and 379 of the Indian

Penal Code.

4. The specific allegation against the petitioner is that he

had assaulted by knife on the head of the informant leading to

injury.

5. Learned counsel for the petitioner submitted that he is

the nephew (Bhanja) of the informant and there was dispute as has Patna High Court CR. MISC. No.37118 of 2020 dt.02-07-2021

been admitted in the FIR itself and for resolving the same, a

panchayati had been called for, where the incident occurred.

Learned counsel submitted that the injury report discloses that the

same was simple in nature as has been noted by the learned

Sessions Judge, Sitamarhi in order dated 07.07.2020 passed in

ABP No. 195 of 2020, by which prayer for anticipatory bail of the

petitioner has been rejected. It was further submitted that the

petitioner has no criminal antecedent.

6. Learned APP submitted that the matter is more

serious as the petitioner has attacked his uncle with knife on the

head which is a vital part. It was submitted that even the injury

report corroborates such allegation as there is wound on the

forehead, which is a vital part, caused by sharp cutting substance.

It was submitted that it was the good fortune of the victim that no

serious damage was caused, but the intention of the petitioner is

clear having used a knife to attack his uncle on the head.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the petition stands dismissed.

9. However, in view of submission of learned counsel

for the petitioner, it is observed that if the petitioner appears before Patna High Court CR. MISC. No.37118 of 2020 dt.02-07-2021

the Court below and prays for bail, the same shall be considered

on its own merits, in accordance with law, without being

prejudiced by the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T