Dharmendra Kumar @ Ramjee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62316 of 2022 Arising Out of PS. Case No.-472 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== DHARMENDRA KUMAR @ RAMJEE Son of Late Nand Kishore Prasad R/v- Vasant Vihar, Ward No. 39, P.S.- Maffasil, District- West Champaran, Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adyanand Dwivedy For the Opposite Party/s :

Mr. Brajendra Nath Pandey Mr. Sachida Nand Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard the parties.

The petitioner apprehend his arrest in connection with Bettiah Nagar P.S. Case No.472 of 2022, registered for the offence punishable under Sections 341, 323, 504, 506, 324 and 307/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner alongwith other co-accused armed with iron road and dab went to the ancestral home of the informant and started abusing him. The petitioner assaulted the informant due to which both his legs got injured. The petitioner also assaulted the cousin of the informant namely, Amiya Kumar due to which both his hand sustained injuries.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.62316 of 2022(3) dt.23-03-2023 2/2 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 omnibus in nature. There is no specific overt act against the petitioner. There is an admitted land dispute between the parties. Petitioner has one criminal antecedent in which he has already been acquitted by the learned court below.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is further submitted that process u/s 82 of Cr.PC has been issued on 05.08.2022 against the petitioner while this anticipatory bail application has been filed in the learned court below on 02.09.2022.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly, dismissed.

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