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2025 DAILYLAW 22792 (PAT)

Jitendra Kumar @ Bauna v. The State of Bihar

CR. MISC./14333/2025 · 2025-05-13

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14333 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Jitendra Kumar @ Bauna Son of Shashi Bhushan Ray Resident of Village -Sahpur Undi, PS- Patory, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 13-05-2025 1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and from perusal of the allegation as alleged in the FIR, it would manifest that the allegation against the petitioner is of attempting to commit theft in the house of the informant and is also alleged to have assaulted the informant on his head by farsa with an intention to kill causing injury. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the Patna High Court CR. MISC. No.14333 of 2025(3) dt.13-05-2025 2/3 informant. It is further submitted that mother of the petitioner also instituted Patory P.S. Case No. 170 of 2024 against the informant and others. It is thus submitted that the instant case is a counter blast to Patory P.S. Case No. 170 of 2024. 5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant vehemently opposed the prayer for anticipatory bail of the petitioner. 6. Learned counsel appearing on behalf of the informant submits that from perusal of the injury report as recorded in the case diary, it would manifest that the informant suffered grievous injury on his head and petitioner is alleged to have assaulted the informant by farsa on his head. 7. Learned counsel appearing on behalf of the petitioner rebuts the said submission of the learned counsel appearing on behalf of the informant and submits that no doubt injury is opined to be grievous but then it has been caused by hard blunt substance when farsa is a sharp edged weapon on which learned counsel for the informant submits that farsa has both sides sharp side and the blunt side. 8. Considering the submissions made by the learned counsel appearing on behalf of the informant, the Court is not inclined to extend the privilege of anticipatory bail to the Patna High Court CR. MISC. No.14333 of 2025(3) dt.13-05-2025 3/3 petitioner in connection with Patory P.S. Case No. 178 of 2024 pending in the Court of learned Chief Judicial Magistrate, Samastipur/Successor Court. 9. Hence, the prayer for anticipatory bail is rejected. Kundan/- (Satyavrat Verma, J) U T