Jitendra Kumar Pandey @ Jitendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63047 of 2023 Arising Out of PS. Case No.-358 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== JITENDRA KUMAR PANDEY @ JITENDRA PANDEY Son of Bindhyachal Pandey R/o vill - Mehandia, ward no. 2, P.S. - Chanpatia, Distt. - West Champaran (Bettiah) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary For the Opposite Party/s :

Mrs. Rita Verma Mr. Aditya Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard the parties.

2. The petitioner apprehends his arrest in connection with Chanpatia P.S. Case No.358 of 2023, registered for the offence punishable under Sections 307, 379 and other allied Sections of the Indian Penal Code.

3. The allegation against the petitioner is that he assaulted the informant on his head with an iron rod as a result of which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.63047 of 2023(2) dt.19-10-2023 2/2 omnibus in nature. There is a case and counter-case between the parties. There is an admitted land dispute between the parties. He fairly submits that the petitioner assaulted the inforamant due to which he sustained injuries. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law considering that the petitioner is a member of Indian Armed forces and has no criminal antecedent.

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