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Patna High CourtCR. MISC./39804/2024dismissed

Vikash Sahani v. The State Of Bihar

2024-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39804 of 2024 Arising Out of PS. Case No.-57 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

Vikash Sahani Son of Ramnath Sahani Resident of Village- Jagdishpur , P.SManigachi, Dist- Darbhanga 2.

Sulekha Devi Wife of Vikash Sahani Resident of Village- Jagdisghpur ,P.SManigachi, Dist- Darbhanga .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Padmanabh Kashyap For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 332, 333, 337, 338, 307, 353, 354, 427 of the Indian Penal Code.

3. As per FIR, the petitioners along with other accused persons are said to attacked at the police party and create hindrance in discharging his official duty.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that the alleged occurrence is of

Patna High Court CR. MISC. No.39804 of 2024(2) dt.31-07-2024 2/2 mid night and free fight alleged by the police against the villagers so identification of accused is doubtful and suspicious. He further submits that petitioner no. 1 has three criminal antecedent and petitioner no. 2 has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Manigachi P.S. Case No. 57 of 2022.

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