Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12777 of 2023 Arising Out of PS. Case No.-880 Year-2022 Thana- ARARIA District- Araria ====================================================== SURAJ KUMAR Son of Kameshwar Singh Resident of Village - Noniyari Chatar, Ward No.- 11, P.S. and District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 379, 307 and 325/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, petitioner is said to have assaulted on the head of the grand-daughter of the informant by means of iron rod.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the occurrence took place on 14.10.2022, whereas F.I.R. has been lodged on 18.10.2022 there is delay of four days in filing of the present FIR and there is no

Patna High Court CR. MISC. No.12777 of 2023(2) dt.19-05-2023 2/2 any explanation of it which creates serious doubt about prosecution case. He submits that there is admitted land dispute between the parties. He fairly submits that the injury found upon the victim is grievous in nature. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submitted that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

Considering the nature of the injury, I am not inclined to enlarge the petitioner on bail in connection with Araria P.S. Case No. 880/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

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