Arvind Kumar Patel @ Chhotu Kumar Patel @ Chhotu Kumar @ Chhotu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11572 of 2024 Arising Out of PS. Case No.-219 Year-2023 Thana- DAWATH District- Rohtas ====================================================== 1.

Arvind Kumar Patel @ Chhotu Kumar Patel @ Chhotu Kumar @ Chhotu Chaudhary S/o Late Sagar Chaudhary R/o Vill - Babhanaul, P.S. - Dawath, Dist. -Rohtas 2.

Pardeshi Kumar Chaudhary @ Pardeshi Chaudhary S/o Late Sagar Chaudhary R/o Vill - Babhanaul, P.S. - Dawath, Dist. -Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Varun Kumar For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354, 504 & 506/34 of the Indian Penal Code.

3. The petitioners are said to have abused and assaulted the informant due to which he sustained injuries.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioner and the informant are

Patna High Court CR. MISC. No.11572 of 2024(2) dt.12-03-2024 2/2 neighbours and due to petty dispute the aforesaid occurrence took place and the petitioners have been made accused. There is inordinate and abnormal delay of one month in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the prayer for bail submitted that the injury sustained by the informant is grievous in nature. Hence, the petitioners do not deserve anticipatory bail.

6. Considering the facts and circumstances of case as well as the nature of the injury, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T