Sanjay Kumar Dixit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49176 of 2023 Arising Out of PS. Case No.-82 Year-2020 Thana- KALYANPUR District- East Champaran ====================================================== SANJAY KUMAR DIXIT S/O LATE UMA KANT DIXIT R/O VillagePakari Dixit, P.S- Kalyanpur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. It is alleged that on the order of this petitioner, other co-accused persons started assaulting informant. It is further alleged that this petitioner alongwith co-accused Devcharan Paswan and Sumer Paswan assaulted the brother of informant and caused him injury on his chest, elbow and back.

4. It is submitted on behalf of petitioner that the injury caused by this petitioner is simple in nature. There is case and counter case and both sides sustained injury. F.I.R. has been lodged after a delay of six days without there being any plausible explanation of delay.

Patna High Court CR. MISC. No.49176 of 2023(3) dt.29-08-2023 2/2

5. However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against this petitioner of assaulting brother of informant. Apart from that, petitioner has got criminal antecedent and he is accused in six more criminal cases.

6. Considering the nature of accusation and criminal antecedent, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T