Pankaj Jha @ Pankaj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55798 of 2022 Arising Out of PS. Case No.-98 Year-2014 Thana- FATEHPUR District- Gaya ====================================================== Rahul Kumar @ Rahul @ Chhotu Yadav Son Of Vijay Yadav R/O VillageCharokharigadh, P.S.- Fatehpur, Distt.- Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party :

Mr.Surendra Prasad Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offences punishable under Sections 307/34 and other allied sections of the Indian Penal Code.

As per the prosecution case, the petitioner and other accused persons assaulted the informant, his brother and damaged house of his brother in law.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is general and omnibus allegation of assault against the accused persons and no specific overt act has been alleged against the petitioner. It is stated in paragraph 3 of the bail petition that the petitioner has got clean antecedent.

Learned counsel for the State opposes the prayer for bail submitting that the incident is of April, 2014 and petitioner

Patna High Court CR. MISC. No.55798 of 2022(3) dt.13-03-2023 2/2 filed anticipatory bail petition in October, 2022 which reflects that the petitioner has evaded the process of court. Considering the aforesaid facts, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

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