Ashutosh Kumar Singh @ Laljee Singh @ Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42470 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== Ashutosh Kumar Singh @ Laljee Singh @ Ashutosh Kumar Son Of Rajesh Singh R/O Village- Pawai, P.S.- Muffasil, District- Aurangabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Bhaskar Shankar, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2024 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Aurangabad Muffasil P.S. Case No. 100 of 2023 registered for the offences punishable under Sections 307, 341, 323, 324, 325, 147, 148, 149 of the Indian Penal Code pending in the Court of learned C.J.M., Aurangabad.
3. As per the prosecution case, the petitioner is said to have assaulted one Mithlesh by means of ganrasa.
4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.42470 of 2023(4) dt.08-02-2024 2/2 there is case and counter case between the parties and both sides have sustained injuries. The petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for anticipatory bail and submits that injured person has sustained grievous injury.
6. Considering the facts and circumstances of case and the fact that the petitioner is the author of the grievous injury, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) anand/- U T