Sanjay Kumar @ Babu @ Sanjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32925 of 2023 Arising Out of PS. Case No.-568 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== SANJAY KUMAR @ BABU @ SANJAY Son of Late Mithilesh Yadav Resident of Village - Chandauti, P.S.- Chandauti, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manisha Prakash, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsel for the parties.

2.

Petitioner apprehends his arrest in connection with Chandauti P.S. Case No.568/2022, registered for the offence punishable u/s 447, 448, 341, 323, 354, 506, 379 and 34 of IPC. 3.

As per the prosecution case, petitioner along with other co-accused persons entered into informant's house and petitioner assaulted her with intention to kill her which caused her eye injury.

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. It is submitted that this case is counter blast of a case which was instituted by one Dhananjay Kumar (co-accused of the instant case) bearing

Patna High Court CR. MISC. No.32925 of 2023(4) dt.18-09-2023 2/2 Chandauti P.S. Case No.01 of 2023 dated 02.01.2023 for offences u/s 341, 323, 504, 308, 506/34 of the IPC. It is submitted that there is no specific overt act against the petitioner but petitioner is the friend of said Dhananjay Kumar, therefore, the petitioner has been made accused in the present case. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the injury of the injured was found grievous in nature and author of the injury is alleged to be the petitioner.

6.

Having regard to the facts and circumstances of the case and considering the nature of injury, 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.

8.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T