Maineraj Chauhan @ Bikram Chauhan @ Manager Kumar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66972 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- DURAULI District- Siwan ====================================================== MAINERAJ CHAUHAN @ BIKRAM CHAUHAN @ MANAGER KUMAR CHOUHAN SON OF LATE BASHISHTHA CHAUHAN VILLAGE AND PS- DARAULI, DIST- SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s:

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Darauli P.S. Case No.167 of 2023, registered for the offence punishable under Sections 341, 447, 323, 307, 379, 504/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he assaulted the informant with an intention to kill him due to which he sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has 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 om-

Patna High Court CR. MISC. No.66972 of 2023(3) dt.23-01-2024 2/2 nibus in nature. He submits that there is a case and counter-case between the parties and both sides have sustained injuries. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the injuries sustained by the informant is of grievous nature.

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.

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