Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62263 of 2023 Arising Out of PS. Case No.-274 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Bhola Kumar Son of Tuntun Bind Resident of Village-Niyamatpur, P.S.- Harnaut, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Harnaut P.S. Case No. 274 of 2023 registered for the offences punishable under Section 147, 149, 341, 323, 324, 325, 307, 379, 506 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Nalanda at Biharsharif.

3. As per F.I.R., allegation against the petitioner alongwith co-accused persons is to assault by means of rod to informant's son with intent to kill him. The informant's son, who is injured of this case, has sustained grievous injury with fracture on his person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.62263 of 2023(2) dt.18-10-2023 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no no concerned either with the other co-accused persons in any manner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail and submits that as per impugned order the injury of the informant's son who is injured in this case has sustained grievous in nature.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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