Amaresh Kumar @ Awanish v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23187 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.
Amaresh Kumar @ Awanish Son of Ram Shreshtha Singh R/o VillageBelwar, P.S.- Belsar, Dist.- Vaishali, at Present R/o Mohalla- Gannipur, Ward No. 29, Near Law College, P.S.- Kazimohammadpur, Dist.- Muzaffarpur 2.
Abhishek Kumar @ Abhishek Son of Ram Shreshtha Singh R/o VillageBelwar, P.S.- Belsar, Dist.- Vaishali, At Present R/o Mohalla- Gannipur, Ward No. 29, Near Law College, P.S.- Kazimohammadpur, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.
2. The petitioners apprehend their arrest in connection with Kazimohammadpur P.S. Case No.237/2023, registered for the offence punishable under Sections 447, 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code, pending in the Court of learned A.C.J.M.-1st, East Muzaffarpur.
3. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant with general and omnibus allegation of assault. It
Patna High Court CR. MISC. No.23187 of 2024(3) dt.29-04-2024 2/2 is further submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that Abhishek, Awanish and Animesh assaulted Vibhuti Vaibhav with spade and iron rod causing injury on head. It is further submitted that all the three accused are alleged to have assaulted but then the allegation of assault is not specific.
4. Learned counsel appearing on behalf of the O.P. No.2 opposes the prayer for anticipatory bail of the petitioners and submits that the injured has suffered two injuries on head and both the injuries are grievous in nature. It is thus submitted that since the injuries are on vital part of the body as such the privilege of anticipatory bail may not be extended to the petitioners.
5. Considering the submissions made by the learned APP and the learned counsel appearing on behalf of the O.P. No.2, the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.
6. Accordingly, the anticipatory bail application of the petitioners is rejected.
(Satyavrat Verma, J) amit/- U T