Diwakar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38134 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- JAMUI District- Jamui ====================================================== DIWAKAR PANDEY Son of Ram Narayan Pandey Resident of village - Dekdih, P.S. - Jamui, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in connection with Jamui P.S. Case No.231/2023, registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 307, 504, 506 of the IPC. 3.

As per the prosecution case, the petitioner is said to have assaulted the nephew of the informant by means of iron rod. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injury. Petitioner has np criminal antecedent.

Patna High Court CR. MISC. No.38134 of 2023(2) dt.01-08-2023 2/2 5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner to assault Vivekanand Pandey and his injury was found grievous in nature.

6.

Having regard to the facts and circumstances of the case and considering the nature of injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T