Dhiraj Kumar @ Body v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10415 of 2024 Arising Out of PS. Case No.-153 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Dhiraj Kumar @ Body Son of Late Raushan Singh R/o vill - Mohhabatpur, P.s. - Sheikhor Sarai, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State and the learned counsel for the informant.

2. The petitioner apprehends his arrest in Sheikhopur Sarai P.S. Case No. 153 of 2023 registered for the offences punishable under Sections 279, 325, 307, 379, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act, pending in the Court of learned C.J.M., Sheikhpura.

3. As per the prosecution case, allegation against the petitioner is that he ran his motorcycle over the mother of the informant, due to which her right leg knee got injured.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.10415 of 2024(2) dt.22-02-2024 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the occurrence took place on 02.08.2023 and the F.I.R. was lodged on 13.08.2023 i.e. after delay of eleven days without any proper explanation of delay, which creates serious doubt on the prosecution case. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposed the prayer for anticipatory bail.

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

7. 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 on the same day in accordance with law without being prejudiced by this order.

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