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Patna High CourtCR. MISC./11512/2022bail rejected

Chandan Kumar @ Chandan Kumar Sharma v. The State Of Bihar

2022-08-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11512 of 2022 Arising Out of PS. Case No.-76 Year-2021 Thana- DAWATH District- Rohtas ====================================================== 1.

CHANDAN KUMAR @ CHANDAN KUMAR SHARMA SON OF SHIV DYAL SHARMA R/O VILLAGE- BAHUARA, P.S.- DAWATH, DISTRICT- ROHTAS 2.

NIRANJAN KUMAR SHARAM @ NIRANJAN SHARMA SON OF SHIV DYAL SHARMA R/O VILLAGE- BAHUARA, P.S.- DAWATH, DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar,Advocate For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 302 & other allied sections of the Indian Penal Code.

As per the prosecution case, petitioners alongwith other co-accused persons assaulted the husband of the informant, who sustained serious injuries. It is also alleged that accused persons misbehaved with the informant. It is submitted on behalf of petitioners that as per F.I.R., petitioners are alleged to have assaulted with Rami and Tangi i.e. sharp cut weapon, but no sharp cut injury has been found on the person of deceased, rather all the injuries have

Patna High Court CR. MISC. No.11512 of 2022(3) dt.22-08-2022 2/2 been caused by hard & blunt substance. It is further submitted that petitioner no. 1 was seizure list witness in Dawath P.S. Case No. 47 of 2021, lodged by police, regarding recovery of two empty cartridges, in which, husband of informant (deceased) was accused.

However, learned counsel for the informant vehemently opposes the prayer for anticipatory bail of petitioners.

Considering the nature of accusation and the fact that petitioners are named in the F.I.R. and there is specific accusation that they assaulted husband of informant with Rami and Tangi, as a result of which, he became unconscious and died, the prayer for anticipatory bail of petitioners is rejected. (Prabhat Kumar Singh, J) anay/- U T