Citation : 2021 Latest Caselaw 3289 Patna
Judgement Date : 12 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 33999 of 2020
Arising Out of PS Case No.-152 Year-2020 Thana- DIGHA District- Patna
======================================================
Ravi Singh, an adult male, aged about 25 years, Son of Anil Singh, Resident of Fair Field Colony, Behind Puja Flower Mill, Police Station- Digha, District- Patna (Bihar)
... ... Petitioner/s Versus The State of Bihar
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. N K Agrawal, Senior Advocate with Mr. Saket Tiwary, Advocate For the State : Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-07-2021
The matter has been heard via video conferencing.
2. Heard Mr. N K Agrawal, learned senior counsel along
with Mr. Saket Tiwary, learned counsel for the petitioner and Mr.
Raj Kishore Singh, learned Additional Public Prosecutor
(hereinafter referred to as the 'APP') for the State.
3. The petitioner apprehends arrest in connection with
Digha PS Case No. 152 of 2020 dated 10.03.2020, instituted under
Sections 447, 341, 323, 324, 325, 354B, 379, 504 and 506/34 of
the Indian Penal Code.
4. The allegation against the petitioner is that he, in a
group of 40-50 persons was singing and partying near the house of
the informant and when they returned after closing his office and Patna High Court CR. MISC. No.33999 of 2020 dt.12-07-2021
asked them to remove their motorcycles, they refused and
indulged in a fight and then it is alleged that the petitioner
attacked the informant with sharp weapon causing injury on his
head. It was further alleged that the other persons attacked the
informant on his left shoulder and after entering his house,
misbehaved with his sister-in-law, abused his father and snatched
Rs. 26,000/-, the informant was bringing after closing his office.
5. Learned counsel for the petitioner submitted that the
parties are neighbours and there may have been some
misunderstanding and altercation on some petty dispute, but the
allegation is incorrect and blowne out of proportion. It was
submitted that the injury on the person of the informant has been
found to be simple caused by hard and rough object as has been
noted in the order of the Sessions Judge, Patna dated 02.09.2020
in Anticipatory Bail Petition No. 3806 of 2020, by which prayer
for anticipatory bail of the petitioner has been rejected. Learned
counsel submitted that the petitioner is young and that he has no
other criminal antecedent.
6. Learned APP submitted that 40-50 persons, creating
nuisance on the road, which is a public place and in full public
view, sends a wrong message to the society and the effect is not
localized between two persons, for an atmosphere of uncertainty Patna High Court CR. MISC. No.33999 of 2020 dt.12-07-2021
and fear is created and further it shows that the petitioner was
trying to flex his mussels in full public view which also
intimidates other simple citizens and residents of the area.
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.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR U T
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