Nand Jee Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25624 of 2023 Arising Out of PS. Case No.-388 Year-2022 Thana- DINARA District- Rohtas ====================================================== NAND JEE CHAUDHARY S/O RAMASHRAY CHAUDHARY Resident of Village- Basdihan Tola, P.S.- Dinara (Bhanas), District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Dinara (Bhanas) P.S. Case No.388/2022, registered for the offence punishable u/s 147, 148, 149, 341, 323, 325, 307, 504 of the IPC and 27 of the Arms Act.

As per the prosecution case, the F.I.R. named accused persons including the petitioner came armed variously at the door of the informant and petitioner is said to have assaulted the mother of the informant on her hand.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.25624 of 2023(2) dt.07-07-2023 2/2 place. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. Petitioner has no criminal antecedent and several similarly situated co-accused have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 04.05.2023 passed in Cr. Misc. No.26079 of 2023.

Learned APP for the State opposed the prayer for bail by submitting that the injury alleged to be inflicted by the petitioner has been found grievous in nature.

Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

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