Anjesh Mishra @ Pintu vs The State Of Bihar
2021 Latest Caselaw 1316 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31879 of 2020
     Arising Out of PS. Case No.-77 Year-2020 Thana- PARBATTA District- Khagaria
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Anjesh Mishra @ Pintu, aged about 32 years, Male, Son of Shivesh Chandra Mishra, Resident of Village- Kanhaiya Chak, P.S.- Parbatta, District- Khagaria.

... ... Petitioner/s Versus

The State of Bihar

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

For the Petitioner/s    :       Mr. Ayush Kumar, Advocate
For the State           :       Ms. Gulnar Begum, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-03-2021

Heard Mr. Ayush Kumar, learned counsel for the

petitioner and Ms. Gulnar Begum, learned Additional Public

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

2. The petitioner apprehends arrest in connection with

Parbatta PS Case No. 77 of 2020 dated 01.03.2020, instituted

under Sections 341/323/307/379/504/506/34 of the Indian Penal

Code.

3. The allegation against the petitioner is of inflicting

iron rod blow on the head of the informant and also taking away

Rs. 15,000/- from his pocket.

4. Learned counsel for the petitioner submitted that the

allegation is false and the informant and the petitioner are Patna High Court CR. MISC. No.31879 of 2020 dt.08-03-2021

cousin brothers and they were in business relationship, but due

to some dispute over money, there was altercation and the

informant fell on his back resulting in head injury, but the same

has not been caused due to any blow by the petitioner. Learned

counsel submitted that though no fracture of the scalp is

detected in the CT Scan still the report mentioning that the

injury was grievous, is collusive. It was submitted that the wife

of the petitioner has filed an application before the

Superintendent of Police, Khagaria pointing out the collusive

injury report. It was further submitted that the petitioner has no

criminal antecedent.

5. Learned APP submitted that the allegation in the

FIR is supported by the injury report and though there has been

no fracture found in the skull, but multiple haemorrhages have

been detected in the CT Scan and, thus, the same being in the

brain, are grievous in nature. It was submitted that there is no

occasion for the petitioner to be falsely implicated more so,

when they are cousins and further that the injury has not been

manufactured as the report is that of a CT Scan.

6. 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.

Patna High Court CR. MISC. No.31879 of 2020 dt.08-03-2021

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T