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Patna High CourtCR. MISC./61942/2022dismissed

Dil Khush Kumar @ Dil Khush Choudhary @ Dilkhush Kumar Chaudhary v. The State Of Bihar

2023-01-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61942 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== DIL KHUSH KUMAR @ DIL KHUSH CHOUDHARY @ DILKHUSH KUMAR CHAUDHARY S/O GOVARDHAN CHOUDHARY Resident of Village- Chunni, Ward No- 05, P.S.- Chhatapur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Chhatapur P.S. Case No.97 of 2022, registered for the offences punishable under Sections 341, 323, 324, 325, 307, 386, 379, 504, 506 and 34 of the Indian Penal Code. The petitioner alongwith other co-accused persons assaulted the informant. Allegation against the petitioner is that he assaulted the informant by means of iron rod causing fracture injury in his left leg.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.61942 of 2022(2) dt.10-01-2023 2/2 application. It is further submitted that similarly situated coaccused person has already been granted anticipatory bail by the learned court below itself.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner by submitting that there is specific allegation of assault against the petitioner causing fracture injury to the informant.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) S.KUMAR/- U T