Sajan Kumar @ Sajan Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65615 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SAJAN KUMAR @ SAJAN NAT S/o Kameshwar Nat @ Teni Nat R/o village- Pachaswa Tola, P.S.- Sasaram (M), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehend his arrest in a case registered for the offence punishable under sections 341, 323, 504, 34 and 307 of the Indian Penal Code.

Allegedly, the petitioner along with other accused persons assaulted the brother of the informant by means of several weapons due to which he sustained injuries. It is further alleged that students of the school told the informant that the petitioner assaulted with rod on the head of her brother. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity and grudge. No such occurrence, in the manner as alleged, has ever

Patna High Court CR. MISC. No.65615 of 2021(4) dt.05-09-2022 2/2 taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no eye witness in the present case and independent witness has supported the prosecution case. The name of the petitioner transpired in the case only on suspicion. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail and submits that there is a specific allegation against the petitioner to assault the brother of the informant by means of iron rod due to which he sustained grievous injuries. Having regard to the facts and circumstances of the case, since the injuries are grievous in nature, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly, dismissed.

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