Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46686 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Gautam Kumar son of Jawahir Ram R/o Mohalla- Lal Bahadur Sastri Nagar Near Rail PUI Panchayati Akara, P.S- Kotwali, Dist- gaya ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance:
For the Petitioner :
Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party :
Mr. Syed Ehteshamuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned A.P.P. 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, 379 of the Indian Penal Code.
While the informant was going to market, on the way the petitioner is said to have assaulted him with Iron Rod causing injury on his head. He also took away Rs. 15,000/- from his pocket and golden chain from his neck.
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.46686 of 2022(2) dt.05-12-2022 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent. Learned APP for the State vehemently opposed the prayer for anticipatory bail submitting that the injury sustained by the informant is grievous in nature, hence the petitioner does not deserve anticipatory bail.
Having regard to the facts and circumstances of the case and the seriousness of the allegation levelled against the petitioner, I am not inclined to grant him anticipatory bail. The prayer for grant of anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) Trivedi/ Shahnawaz/- U T