Gajendranath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49958 of 2023 Arising Out of PS. Case No.-986 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Gajendranath Jha Son Of Late Nilambar Jha R/O-Sukhpur, P.S.-Supaul, Distt.-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Supaul P.S. Case No. 986 of 2022 registered for the offences punishable under Section 341, 323, 307, 379, 447, 504, 506, 34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Supaul.

3. As per prosecution, petitioner is named in the F.I.R. and there is direct allegation of assault by iron rod over the head of informant, which is vital part of body.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner has one criminal antecedent as mentioned in para-3 of the bail application. He further submits that there is

Patna High Court CR. MISC. No.49958 of 2023(3) dt.31-10-2023 2/2 case and counter case between the parties and both sides have sustained injuries and petitioner is also sustain injury.

5. Learned APP for the State opposes prayer for anticipatory bail and submits that there is specific allegation against the petitioner that he has assaulted the informant and the doctor has found injury as grievous in nature.

6. Considering the facts and circumstances of case as well as nature of injury and petitioner is also received 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 surrender 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) mdrashid/- U T