Kamlesh Prasad @ Kamlesh Kumar Jaiswal v. The State of Bihar
CR. MISC./13623/2025 · 2025-03-28
Shailendra Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23764 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23764 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13623 of 2025 Arising Out of PS. Case No.-451 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Kamlesh Prasad @ Kamlesh Kumar Jaiswal, Son of Late Dhruv Prasad @ Dhrup Prasad Jaiswal, Resident of Village - Kundilpur Bargajva, Ward No.05, P.S. - Shikarpur, District - West Champaran, Bettiah ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Jitendra Narain Sinha, Adv. For the State : Mr. Shyameshwar Dayal, APP For the Informant : Mr. Sujeet Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 28-03-2025 Heard Jitendra Narain Sinha, learned counsel for the petitioner, Mr. Shyameshwar Dayal, learned APP for the State and Mr. Sujeet Kumar, learned counsel for the informant. 2. The petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 451 of 2024 dated 10.07.2024 registered for the offences punishable under sections 126(2), 115, 109, 117, 303(2), 76, 3(5) of the Bharatiya Nyaya Sanhita. 3. The main submissions advanced by learned counsel appearing for the petitioner are that the petitioner has fair and clean antecedent and the FIR is based on the fardbeyan of the informant which was recorded by her on 04.07.2024 in injured condition while as per Annexure- P/2, she had been
Patna High Court CR. MISC. No.13623 of 2025(2) dt.28-03-2025 2/3 treated at primary health center, Narkatiaganj, from where her initial injury report was issued and the same goes to show that she sustained four injuries and on the last row of the said report, the medical officer of P.H.C. Narkatiaganj opined “Rest simple in nature caused by heavy and blunt substance” and the said opinion clearly shows that the informant sustained simple injuries and there is allegation of one blow by using an ironrod by the petitioner at the informant. 4. On the other hand, learned counsel appearing for the informant has vehemently opposed the prayer of the petitioner and submits that the petitioner is the main accused and he badly assaulted the informant and there is specific allegation against him and the informant recorded her fardbeyan in injured condition at Government Medical College & Hospital, Bettiah (in short ‘GMCH Bettiah’). 5. Learned APP appearing for the State has also opposed the prayer of the petitioner. 6.
Having considered the seriousness of the allegation appearing against the petitioner which shows his specific role in assaulting the informant, who recorded her fardbeyan in injured condition at GMCH, Bettiah, and as per Annexure- P/2, she sustained four injuries and the FIR goes to
Patna High Court CR. MISC. No.13623 of 2025(2) dt.28-03-2025 3/3 show that the petitioner assaulted her repeatedly by inflicting two ironrod blows and the case is under investigation, in my opinion, it is not a fit case for the grant of anticipatory bail to the petitioner. Accordingly, his prayer stands rejected. annu/- (Shailendra Singh, J) U T