Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11891 of 2023 Arising Out of PS. Case No.-332 Year-2017 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chandan Kumar S/O Late Nand Lal Rai R/V- Chakaima, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 332 of 2017 registered for the offences punishable under Section 341, 447, 323, 354, 325, 504, 506/34 of the Indian Penal Code.

As per the prosecution case, allegation against the petitioner is that he assaulted the (since) deceased with lathi on her right leg causing serious injury due to which she fell down and later on died and sections 302 and 379 were also added. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. It is further submitted that petitioner has clean antecedent as stated in para3 of this application.

Patna High Court CR. MISC. No.11891 of 2023(2) dt.11-05-2023 2/2 Learned APP for the State opposes the prayer for bail and submitted that there is specific allegation against the petitioner of assaulting the deceased.

This is the second attempt of the petitioner before this Court for grant of anticipatory bail. Earlier vide order dated 28.06.2018 passed in Cr. Misc. No. 15031 of 2018, the prayer for anticipatory bail of the petitioner was rejected by a coordinate Bench of this Court. As no new ground has been raised in this application and also the fact that the petitioner has renewed his prayer belatedly almost after five years, I am not inclined to grant the privilege of anticipatory bail to the petitioner. 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