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Patna High CourtCR. MISC./2892/2023dismissed

Sujai Singh @ Sujai Kumar Singh v. The State Of Bihar

2023-02-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2892 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== Sujai Singh @ Sujai Kumar Singh S/O Maheshwar Singh R/V- Sherpur, P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Choudhary For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 379, 307, 385, 504/34 of the Indian Penal Code. Petitioner is said to have assaulted the husband of the informant with iron rod and stick.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the injury found upon the victim is

Patna High Court CR. MISC. No.2892 of 2023(2) dt.09-02-2023 2/2 grievous in nature.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Barbigha P.S. Case No. 258 of 2022.

However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner has no criminal antecedent.

(Anjani Kumar Sharan, J) devendra/- U T