Anjay Khattick @ Anjay Bihari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12042 of 2023 Arising Out of PS. Case No.-119 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Anjay Khattick @ Anjay Bihari Son Of Bhuneshwar Khattick @ Bhubneshwar Prasad R/O Kathalbari, P.S.- L.N.M.U., Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sadar P.S. Case No. 119 of 2022 registered for the offences punishable under Sections 341, 323, 379, 384, 504, 506/34 of the Indian Penal Code.

As per the prosecution case, informant is a brickkiln owner and petitioner gave him Rs. 2 lacs for bricks with assurance to pay the rest amount of Rs. 85,000/- within a month but the informant did not return the rest amount, thereafter petitioner along with 10-15 accused persons came and assaulted the informant.

Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.12042 of 2023(2) dt.27-04-2023 2/2 petitioner has falsely been implicated in this case. There is a case and counter case between the parties. It is further submitted that when the petitioner demanded the said money, the informant denied and lodged the false case against the petitioner. It is further submitted that petitioner has five criminal antecedents as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the nature of allegation against the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner, preferably, on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) N.K/- U T