Utsav Kumar @ Utsav Kumar Pandey v. The State of Bihar BIHAR
Case at a glance
Provisions considered
- Indian Penal Code, 1860 s. 34
Key paragraphs
- Para 77. The application stands rejected. guddukr/- U T (Chandra Prakash Singh, J)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr.Gajendra Kumar Singh, Adv. Mr.Bhanu Pratap Singh, APP ORAL ORDER 2 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case in connection with Belaganj P.S. Case No. 330 of 2023 dated
23.05.2023 registered for the offence/s punishable u/ss 504, 354, 379, 341, 323, 307 read with section 34 of the Indian Penal Code.
As per the prosecution case, the petitioner and the co-accused persons are alleged to have abused the informant's son and the petitioner assaulted on his head with iron rod causing severe injury to him. When the informant came to rescue, they also assaulted her.
Learned counsel for the petitioner has submitted Patna High Court CR. MISC. No.11265 of 2024(2) dt.19-03-2024 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that as per impugned order, the injury is grievous in nature caused by hard and blunt substance. There is specific allegation of assault against the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the grievous and specific allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.
The application stands rejected. guddukr/- U T (Chandra Prakash Singh, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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