Patna High CourtCR. MISC./37272/2023dismissed

Rakesh Kumar Sah @ Rakesh Sah v. The State Of Bihar

2023-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37272 of 2023 Arising Out of PS. Case No.-238 Year-2022 Thana- DARAUNDA District- Siwan ====================================================== RAKESH KUMAR SAH @ RAKESH SAH S/O LATE GOURI SHANKAR SAH R/O Village- Pakwaliya, P.S- Daraundha, Distt.- Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mrs. Kumari Anupam For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 325, 307, 504, 506 and 379/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner along with other co-accused persons assaulted the informant side by means of deadly weapons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is case and counter case between the parties. He submits that the occurrence took place on 25.08.2022 but the F.I.R. lodged on 01.09.2022 after delay of 6 days and there is no any explanation of it which creates

Patna High Court CR. MISC. No.37272 of 2023(2) dt.31-07-2023 2/2 serious doubt about prosecution case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that there is specific allegation against the petitioner to assault the informant's son causing head injury which is found grievous in nature. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the injury, I am not inclined to enlarge the petitioner on bail in connection with Daraundha P.S. Case No. 238/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

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