Md. Ladely @ Md Ladley v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25771 of 2023 Arising Out of PS. Case No.-396 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Md. Ladely @ Md Ladley S/O Md. Talim Shah R/O Vill-Bara Sumera, Murigyachak, P.S.-Kudhani, Dist.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Kudhani P.S. Case No. 396 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 447, 448, 379 and 34 of the Indian Penal Code pending in the Court of learned A.C.J.M., 1st (West), Muzaffarpur.

The petitioner is said to have assaulted the informant by means of sword.

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 the petitioner and informant are next door neighbour and there

Patna High Court CR. MISC. No.25771 of 2023(2) dt.12-07-2023 2/2 is some dispute between them regarding the drainage and due to which the petitioner has falsely been implicated in this case. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State opposes the prayer for anticipatory bail and submits that there is specific allegation against the petitioner, who assaulted the informant by means of sword, injury was found grievous in nature. Hence, he does not deserve privilege of anticipatory bail.

Considering the facts and circumstances of case and the nature of the injury, I am not inclined to enlarge the petitioner on anticipatory bail.

The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T