Patna High CourtCR. MISC./57167/2023dismissed

Basant Nonia v. The State Of Bihar

2023-10-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57167 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== 1.

BASANT NONIA son of Jai Prasad @ Buta Nonia Village- Ward no-6, Bilauti Ps- Shahpur Dist- Bhojpur 2.

Pradumn Nonia son of Jai Prasad @ Buta Nonia Village- Ward no-6, Bilauti Ps- Shahpur Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Singh For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506/34 IPC.

3. As per the F.I.R. on 01.04.2022, while the son of the informant was playing cricket alongwith other boys, some conflict arose between some people and the petitioners have assaulted the son of the informant on head with bat due to which he sustained grievous injury.

4. Learned counsel for the petitioners submits that the petitioners are quite innocent and has been falsely implicated in

Patna High Court CR. MISC. No.57167 of 2023(2) dt.11-10-2023 2/2 this case. They are student and have falsely been implicated in this case. He submits that the petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Considering the nature of injury, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Shahpur P.S. Case No. 140 of 2023.

6. However, if the petitioners surrender before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) saurabhkr/- U T