Patna High CourtCR. MISC./61927/2024dismissed

Chandan Kumar v. The State Of Bihar

2024-09-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61927 of 2024 Arising Out of PS. Case No.-332 Year-2017 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chandan Kumar Son of Late Nand Lal Rai R/V - Chakaima, P.S. - Hajipur Sadar, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Prabhat For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 447, 323, 354, 325, 504, 506/34 of the Indian Penal Code and later on Section 379 and 302 of the IPC has been added.

3. Petitioner is said to have assaulted the informant by means of lathi on her right leg causing serious injury and she fell down.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that both the parties are co-sharer and are residing in the same paternal house. He submits that occurrence took place on 09.07.2017 but the FIR has been lodged on 13.07.2017 after delay of 4 days without explaining any

Patna High Court CR. MISC. No.61927 of 2024(2) dt.13-09-2024 2/2 reasonable cause of delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 17.05.2024.

5. Learned APP for the State opposes the prayer for bail submits that the anticipatory bail of the petitioner was rejected on 11.05.2023 but he surrendered before the learned court below on 17.05.2024 after more than one year.

6. Considering the facts and circumstances of the case and the fact that the postmortem report has supported the prosecution case, I am not inclined to enlarge the petitioner on bail at present. Accordingly, his prayer for bail is rejected in connection with Hajipur Sadar P.S. Case No. 332 of 2017. (Anjani Kumar Sharan, J) devendra/- U T