Rishikesh Pandey And Anr vs State Of Bihar

Heard Mr. Dewendra Narayan Singh, learned counsel for the petitioners; Ms. Rina Sinha, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State and Mr. Ashok Kumar Mishra, learned counsel for the informant.

The petitioners apprehend arrest in connection with Chapra Muffassil PS Case No.214 of 2020 dated 23.05.2020, instituted under Sections 341, 323, 324, 326, 307, 504, 379/34 of the Indian Penal Code.

The allegation against the petitioners is of brutal assault on the informant resulting in injury and specifically against co-accused Vikash Kumar Pandey of inflicting farsa blow resulting in amputation of two fingers of the informant and further, that the petitioner no. 2 had snatched gold chain from the informant's neck worth Rs. 80,000/-.

Learned counsel for the petitioners submitted that the parties are neighbours and for the same incident, there is another case filed by the petitioner no. 1 against the informant side being Chapra Mufassil PS Case No. 215 of 2020 under Sections 143, 323, 307, 504/34 of the Indian Penal Code. It was submitted that allegation against petitioner no. 1 was that he was the order giver and against petitioner no. 2 of general and omnibus assault with cosmetic addition that he snatched gold chain worth Rs. 80,000/-. Learned counsel submitted that the petitioner no. 1 is 71 years old, though wrongly mentioned in the application as 80 years. It was further submitted that the petitioners have no criminal antecedent.

Learned APP submitted that there is allegation of brutal assault and two fingers of the informant have also been chopped off in the transaction by the co-accused, who is son of the petitioner no. 1 and brother of petitioner no. 2 and, thus, there was common intention of all the accused in the criminal conduct.

Learned counsel for the informant drew the attention of the Court to the order of the Court below dated 09.07.2020, by which prayer for anticipatory bail of the petitioners was rejected, especially to the portion where it has been stated that injury report discloses that besides amputation of distal part of the middle finger and ring finger of right hand, there was also lacerated wound on left elbow, and, further, on CT Scan of brain, intracerebral contusion haematoma, thin subdural haematoma in occipital region was also found. It was submitted that the assault by the petitioners resulted in such serious injuries to the informant which was also life threatening. He further submitted that at the place of occurrence, the Investigating Officer, on inspection, found bricks uprooted from the soling road, as has been alleged in the FIR.

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 petitioners.

Accordingly, the application stands dismissed.