Patna High CourtCR. MISC./56954/2023dismissed

Munna Kumar @ Munna Chaudhary v. The State Of Bihar

2023-12-13Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56954 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Munna Kumar @ Munna Chaudhary S/o Phunni Chaudhary @ Yogendra Chaudhary R/o Village Chhoti Nawada, P.S.-Khusrupur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-12-2023 Heard Mr. Ajay Kumar Pandey, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Khusrupur P.S. Case No. 109 of 2023, F.I.R. dated 24.03.2023 registered for the offences punishable under Sections 341, 323, 307, 379, 504, 354/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he assaulted the informant on his head with the butt of the pistol with intention to kill.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that as per

Patna High Court CR. MISC. No.56954 of 2023(4) dt.13-12-2023 2/2 allegation in the F.I.R. that the petitioner has assaulted to the informant on his head with the butt of the pistol with intention to kill him. He further submits that there was no intention to kill the informant and there was no repetition of blow and as per instruction the injury of the informant was reserved.

5. Learned APP for the State, on the other hand, on the basis of material available on record as well as case diary, vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the injury report of the informant suggests that he has received injury and the nature of injury is grievous caused by hard and blunt substance.

6. In view of the aforesaid, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Khusrupur P.S. Case No. 109 of 2023 pending in the Court of learned Judicial Magistrate 1st Class, Patna City, Patna.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T