Patna High CourtCR. MISC./66984/2023dismissed

Nityanand Singh v. The State Of Bihar

2024-01-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66984 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- EKANGARSARAI District- Nalanda ====================================================== NITYANAND SINGH Son of Indradev Singh Resident of Mohalla-Chhotki Dhava, P.S.-Ekangarsarai, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Mritunjay Narain For the Opposite Party/s:

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Ekangarsarai P.S. Case No.94 of 2023, registered for the offence punishable under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he assaulted the grand father of the informant by means of iron rod 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 omnibus in nature. He submits that there is no specific overt act

Patna High Court CR. MISC. No.66984 of 2023(3) dt.23-01-2024 2/2 against the petitioner. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the injury of the grand father of the informant is of grievous nature which is evidence from both the impugned order and the injury report.

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