Prem Chandra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28029 of 2023 Arising Out of PS. Case No.-392 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== PREM CHANDRA THAKUR Son of Ram Bahadur Thakur Resident of village - Devram, P.S.- Bahera, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Fahad Khurshid, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in connection with Bahera P.S. Case No.392/2020, registered for the offence punishable u/s 342, 323, 324, 308, 504, 506, 34 of the IPC. 3.

As per the prosecution case, allegation against the petitioner is that he assaulted the informant by means of iron rod which hit his left hand and one Gopal Thakur started to lit fire upon the body of the informant. Thereafter, all the accused persons brutally assaulted the informant.

4.

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. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.28029 of 2023(3) dt.27-07-2023 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that there is case and countercase between the parties and both sides have sustained injuries. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner to assault the informant by iron rod.

6.

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. 7.

This application is accordingly dismissed.

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