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Patna High CourtCR. MISC./33157/2023dismissed

Kundan Kumar @ Kundan Kumar Rai v. The State Of Bihar

2023-07-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33157 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- DERNI BAZAR District- Saran ====================================================== 1.

KUNDAN KUMAR @ KUNDAN KUMAR RAI SUKESHWAR RAI RESIDENT OF VILLAGE- KHANPUR, PS- DERNI, DIST- SARAN AT CHAPRA 2.

RAVI KUMAR @ RAVI KUMAR RAI SON OF SUKESHWAR RAI RESIDENT OF VILLAGE- KHANPUR, PS- DERNI, DIST- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP For the Informant :

Mr.Mukesh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

Petitioners apprehend their arrest in connection with Derni P.S. Case No.10 of 2023, registered for the offence punishable u/s 341, 323, 324, 307, 504 and 34 of the IPC. 3.

Allegation against the petitioners is that they along with other accused persons assaulted the son of the informant by means of spade and they also assaulted the informant and his son-in-law by means of lathi and danda.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.33157 of 2023(2) dt.24-07-2023 2/2 They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that the injury of the son of the informant was found grievous in nature.

6.

Having regard to the facts and circumstances of the case and since the injury was found grievous in nature, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. 7.

This application is accordingly dismissed.

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