Patna High CourtCR. MISC./44560/2022dismissed

Bijal Mandal v. The State Of Bihar

2023-02-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44560 of 2022 Arising Out of PS. Case No.-53 Year-2019 Thana- BHARGAMA District- Araria ====================================================== BIJAL MANDAL SON OF SARYU MANDAL @ SURYU NARAYAN MANDAL R/O VILLAGE- JAHAD, PANCHAYAT DHANESHWARI, WARD NO. 3, P.S.- BHARGAMA, DISTT.- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Bhargama P.S. Case No.53 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 120(B), 504, 506 of the Indian Penal Code and 27 of Arms Act.

The allegation against the petitioner is that he alongwith other co-accused persons came at the door of the informant and assaulted the informant's side by means of deadly 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

Patna High Court CR. MISC. No.44560 of 2022(3) dt.17-02-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner to assault Sanoj Mandal and injury was found grievous in nature, which is also apparent from the injury report enclosed in case-diary.

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

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