Patna High CourtCR. MISC./64547/2021rejected

Anil Choudhary @ Anil Kumar Choudhary v. The State Of Bihar

2022-04-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64547 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== ANIL CHOUDHARY @ ANIL KUMAR CHOUDHARY S/O SONELAL CHOUDHARY R/o village- Harpur Bochaha, P.S.- Vidyapati Nagar, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehend arrest in connection with Vidyapati Nagar P.S. Case No. 73 of 2021 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case due to previous land dispute between the parties. There is no repeated blow, and as such, no offence under section 307 is made out against the petitioner.

Patna High Court CR. MISC. No.64547 of 2021(2) dt.18-04-2022 2/2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named accused in the first information report and there is direct allegation of assault against him which is supported by the injury report. Petitioner, therefore, does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T