Shailendra Chaubey @ Munna Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52388 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== 1.

SHAILENDRA CHAUBEY @ MUNNA CHAUBEY Son of Brij Nandan Chaubey Resident of Village - Kehuniya, P.S. - Shikarpur, Dist.- West Champaran.

2.

Abhijeet Kumar Choubey @ Bhulai Choubey @ Abhijit Choubey Son of Radhey Shyam Choubey Resident of Village - Kehuniya, P.S. - Shikarpur, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s:

Mr.Vinod Shanker Modi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 341, 323, 324, 307, 448, 379, 380, 504/34 of the Indian Penal Code. Allegedly, petitioners assaulted the informant by means of farsa and iron rod, as a result of which the informant sustained injuries over his head, right shoulder and back. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.52388 of 2022(3) dt.23-01-2023 2/2 No such occurrence as alleged ever took place. They have been falsely implicated in this case. There is case and counter case between the parties. Both the parties have sustained injuries. From the perusal of the injury report, it is evident that injuries sustained by the informant are grievous in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of case, since the injuries sustained by the informant are grievous in nature, I am not inclined to enlarge the petitioners on anticipatory bail. The prayer for anticipatory bail of the petitioners is hereby rejected. Accordingly this application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T