Suraj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44333 of 2021 Arising Out of PS. Case No.-61 Year-2021 Thana- DUMRAO District- Buxar ====================================================== SURAJ SHARMA SON OF MOHAN SHARMA R/O VILLAGED.K.COLLEGE KRISHNAPURI YADUBANSHI NAGAR THANA DUMRAON, P.S.- DUMRAON, DISTRICT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Dumraon (Naya Bhojpur O.P.) P.S. Case No.61 of 2021, registered for the offences punishable under Sections 341, 323, 307, 3079 and 34 of the Indian Penal Code.

The petitioner and other co-accused persons are said to have assaulted the informant and his nephew by means of different weapons on different parts of their bodies. The accused persons also took away chain made of gold, wrist watch, ten pieces of helmet and Rs.8000/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.44333 of 2021(2) dt.15-04-2022 2/2 present case. There is case and counter case between the parties and both sides sustained injuries.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the impugned order, it is clear that there is allegation of assault by Vaishakhi and the informant and his nephew sustained head injury. The informant and his nephew also sustained injuries on leg, chest, chin and the doctor has kept the opinion reserved regarding Injury No.1 due to C.T. Scan Report which will be received from Deputy Superintendent, PMCH, Patna. It is lastly submitted that the petitioner is the main assailant.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T