Ajay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38714 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== AJAY CHAUDHARY Son of Satyanarayn Singh Resident of Village - Banahi, P.s.- Fesar, Distt.- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Adv For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 147, 148, 341, 323, 325, 307, 435, 436, 379, 504, 506, 34 of the Indian Penal Code. Allegedly, the petitioner along with other accused persons assaulted the informant by means of lathi and danda. It is further alleged that the accused persons set the house of the informant on fire.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.38714 of 2022(2) dt.15-11-2022 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that there is an admitted land dispute between the parties and both sides are agnates. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the injuries sustained by the informant are grievous in nature.

Having regard to the facts and circumstances of the case, since, the injuries are grievous in nature, I am not inclined to enlarge the petitioner named above on bail. The prayer for grant of anticipatory bail on behalf of the petitioner is rejected. This instant application is dismissed.

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