Patna High CourtCR. MISC./36382/2023bail rejected

Chhotu Kumar @ Akhilesh Yadav v. The State Of Bihar

2023-07-21Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36382 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- CHEWARA District- Sheikhpura ====================================================== Chhotu Kumar @ Akhilesh Yadav S/O Rajendra Yadav R/O VillageKamalgadh, P.S- Chewara, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 325, 379, 386, 387, 307, 504, 120(B) of the Indian Penal Code.

3. As per the prosecution case, the F.I.R. has been lodged against the present petitioner with allegation that he along with another person attacked the informant, who is undergoing through treatment in a hospital.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Counsel submits that the present case has been lodged only to harass the petitioner and allegations made against the petitioner

Patna High Court CR. MISC. No.36382 of 2023(2) dt.21-07-2023 2/2 are general and omnibus in nature.

5. Learned A.P.P. for the State opposes the prayer for bail and submits petitioner along with other persons have twice committed hooliganism and CCTV footage is available for evidence of the said incident.

6. In the present facts and circumstances and the submissions made above, this Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Chewara P.S. Case No.16 of 2023 to the satisfaction of learned Sub Divisional Judicial Magistrate, Sheikhpura.

7. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

8. However, the learned Court below shall consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of four weeks.

9. The present order shall not cause any prejudice to the petitioner.

(Dr. Anshuman, J.) Ashishsingh/- U