Sanoj Kumar Sah @ Chunni Kumar vs The State Of Bihar
2021 Latest Caselaw 1318 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31722 of 2020
Arising Out of PS. Case No.-61 Year-2020 Thana- UDAKISHUNGANJ District- Madhepura
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Sanoj Kumar Sah @ Chunni Kumar, male, aged about 28 years, Son of Yogendra Sah, R/O Vill and P.S. Udakishunganj, Dist. Madhepura.

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

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

For the Petitioner/s : Mr. Alok Kumar Singh, Advocate For the State : Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-03-2021

Heard Mr. Alok Kumar Singh, learned counsel for the

petitioner and Ms. Veena Kumari Jaiswal, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Udakishunganj PS Case No. 61 of 2020 dated 15.03.2020,

instituted under Sections 341/324/307/379/506 of the Indian

Penal Code.

3. The allegation against the petitioner is of attacking

the informant on the head by dabiya resulting in injury and

snatching of gold chain worth Rs. 60,000/- and watch worth Rs.

34,400/-.

4. Learned counsel for the petitioner submitted that Patna High Court CR. MISC. No.31722 of 2020 dt.08-03-2021

though the incident took place on 12.03.2020 but the FIR has

been lodged on 15.03.2020. Learned counsel submitted that due

to local rivalry, the petitioner has been falsely implicated having

no criminal antecedent. It was further submitted that though the

allegation is of inflicting blow by dabiya but the injury found on

the head has been opined to be caused by hard blunt substance.

5. Learned APP, from the case diary, submitted that

witnesses have supported the prosecution story and further that

the injury report shows that there is wound on the head and

fracture of occipital bone of the skull, which is grievous in

nature. It was submitted that dabiya is both hard blunt substance

and sharp edged weapon, depending on the side which is used

and, thus, there is no discrepancy in the allegation and the injury

report.

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.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T