Brajesh Kumar @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14788 of 2023 Arising Out of PS. Case No.-207 Year-2021 Thana- NAYA RAM NAGAR District- Munger ====================================================== Brajesh Kumar @ Munna S/O Bindeshwari Yadav R/V- Paniyar Chak, P.S.- Nayaramnagar, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Nayaramnagar P.S. Case No. 207 of 2021 registered for the offences punishable under Sections 341, 323, 504, 506, 354, 307, 379 and 34 of the Indian Penal Code pending in the Court of learned A.C.J.M., 1st , Munger.
The allegation against the petitioner is that he assaulted the informant and pulled her saree and torn her blouse.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.14788 of 2023(3) dt.04-07-2023 2/2 there is no allegation of assaulting with the lethal weapon. The petitioner has got no criminal antecedent as mentioned in para3 of the bail application. Learned APP for the State opposes the prayer for anticipatory bail and submits that there is specific overt act against the petitioner.
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 on the same day in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) anand/- U T