Sanjay Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46901 of 2022 Arising Out of PS. Case No.-176 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== Sanjay Malakar S/O Sudama Malakar Resident Of Village- Dandari, P.S.- Singheshwar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 447, 504, 506 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the accused persons including petitioner, variously armed came to the house of informant and started assaulting the informant. It is specifically alleged against the petitioner that he assaulted with sword, as a result of which, the informant sustained injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated

Patna High Court CR. MISC. No.46901 of 2022(2) dt.14-12-2022 2/2 in the present case. It is also submitted that in the background of some land dispute, the present F.I.R has been registered.

In contra, learned APP vehemently opposed the prayer of petitioner and submitted that injury sustained by the informant is on vital part of the body and injury is grievous in nature.

In the facts and circumstance of the case and considering the gravity of the offence this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

The prayer for grant of anticipatory bail to the petitioner stands rejected.

The petitioner may surrender and pray before the learned court below for regular bail, the same may be considered by the court below on its own merit without being prejudiced by the order of this Court.

(Sunil Kumar Panwar, J) nirajkrs/- U T