Mithilesh Ray @ Mithilesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41764 of 2022 Arising Out of PS. Case No.-107 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== MITHILESH RAY @ MITHILESH KUMAR RAY S/o Phulo Ray R/o village- Chirauri, P.S.- Chausa, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 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 341, 323, 325, 354B, 504, 506, 379/34 of IPC.

Allegedly, the petitioner assaulted the informant and her family members by means of several weapons.

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 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.41764 of 2022(2) dt.28-11-2022 2/2 omnibus in nature. There is no recovery from the conscious possession of the petitioner. The allegation against the petitioner is that he assaulted the informant which hit in her hand which is non-vital part, but the informant has not brought any injury on record. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail by submitting that from the perusal of the impugned order it is clear that there is specific allegation against the petitioner to assault the informant by means of rod causing fracture in her hand.

Having regard to the facts and circumstances of the case, 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