Shivbalak Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11282 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== Shivbalak Prasad S/O Late Munshi Mahto Resident Of Village- Srirampur, P.S.- Akbarpur In The District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Akbarpur P.S. Case No. 149 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 504, 506 and 379 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Nawada.

Allegation against the petitioner is that he along with other co-accused persons, armed with Garasa, Tangi Khanti, Lathi, danda etc, assaulted the informant and her son. Learned counsel for the petitioner submits 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 nature.

Patna High Court CR. MISC. No.11282 of 2023(2) dt.25-04-2023 2/2 He submits that there is admitted land dispute between the parties. The petitioner has got one criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State vehemently opposing the bail petition submitted that the petitioner has assaulted the son of the informant and the injury was found grievous in nature. Hence, he does not deserve privilege of anticipatory bail.

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

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