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Patna High CourtCR. MISC./6526/2023dismissed

Vikram Kumar @ Awdesh Kewat @ Avdhesh Kevat v. The State Of Bihar

2023-04-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6526 of 2023 Arising Out of PS. Case No.-339 Year-2022 Thana- ISLAMPUR District- Nalanda ====================================================== VIKRAM KUMAR @ AWDESH KEWAT @ AVDHESH KEVAT S/O LOHA SINGH @ SHIV CHANDRA KEWAT R/v- Mathiapar, P.S.- Islampur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Islampur P.S. Case No. 339 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 427, 504 & 506/34 of the Indian Penal Code pending in the Court of learned A.C.J.M., Hilsa, Nalanda.

The petitioner in association of other co-accused is said to have assaulted the victim sustaining injury in his head. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in

Patna High Court CR. MISC. No.6526 of 2023(2) dt.11-04-2023 2/2 nature. It is further submitted that there is delay of four days in recording the fardbeyan without assigning any plausible explanation for the said delay. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Learned APP for the State vehemently opposing the bail petition submitted that the considering the seriousness of the allegation, the petitioner does not deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders 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