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Patna High CourtCR. MISC./56668/2023dismissed

Abhimanyu Kumar @ Abhishek Kumar v. The State Of Bihar

2023-09-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56668 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Abhimanyu Kumar @ Abhishek Kumar S/O- Rajkishore Singh VillageRampur Kothi Ps- Bhagwanpur Hat Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Bhagwanpur Hat P.S. Case No. 27 of 2023 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code pending in the Court of learned J.M., Siwan.

3. As per the prosecution case, petitioner along with other accused persons is said to have assaulted the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.56668 of 2023(3) dt.15-09-2023 2/2 from perusal of injury report, it appears that the injury no. 1, 2 and 3 are simple in nature and injury no. 4 and 5 are grievous in nature. The petitioner has no criminal antecedent as mentioned in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that specific overt act has been attributed against the petitioner. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the fact that injury no. 4 and 5 are grievous in nature, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) anand/- U T