Ganesh Mahto @ Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46060 of 2021 Arising Out of PS. Case No.-149 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== GANESH MAHTO @ GANESH KUMAR S/O DHRUP NARAYAN MAHTO @ DHUP NARAIN MAHTO R/o village- Kethariya, P.S.- Dumra, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in connection with Dumra P.S. Case No.149/2021, registered for the offence punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

The allegation against the petitioner is that he assaulted the informant's husband with a knife.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.46060 of 2021(2) dt.18-04-2022 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is specific allegation of assault against the petitioner and as a result of his assault, the informant's husband has sustained grievous injury. Having regard to the facts and circumstances of the case, since the injury is grievous in nature, I am not inclined to enlarge the petitioner on bail. The prayer for anticipatory bail to the petitioner named above is rejected.

This application is accordingly dismissed.

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