Suraj Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6479 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== SURAJ KUMAR MISHRA Son of Satyashindhu Mishra Resident of Village - Durgadih, P.s.- Bkaramganj, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Upadhyay, Adv For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehend his arrest in connection with Bikramganj P.S. Case No.55/2021, registered for the offence punishable under sections 341, 323, 307/34 of the IPC. The allegation against the petitioner is that he assaulted the informant by means of iron rod due to which he sustained injuries on right rib.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.6479 of 2022(2) dt.28-07-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that for the alleged offence there is a case and counter-case between the parties and both sides have sustained injuries. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the coaccused due to whose assault the informant has sustained grievous injury. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail by submitting that one of the injuries sustained by the informant is grievous in nature.

Having regard to the facts and circumstances of the case, since the injury is grievous in nature, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly, dismissed.

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