Patna High CourtCR. MISC./70707/2023dismissed

Vishal Mishra @ Vishal Kumar v. The State Of Bihar

2024-01-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70707 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Vishal Mishra @ Vishal Kumar Son Of Janak Mishra Resident Of VillageBaghwar Nejamat, P.S.- Sidhwalia, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Sidhwalia P.S. Case No. 181 of 2023 registered for the offences punishable under Sections 447, 341, 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code pending in the Court of learned C.J.M. 1st, Gopalganj.

3. As per the prosecution case, the petitioner is said to have assaulted the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has been falsely implicated in this case only due

Patna High Court CR. MISC. No.70707 of 2023(3) dt.31-01-2024 2/2 to political rivalry. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the injury found upon the informant was grievous in nature. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the nature of the injury, 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 surrenders 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) anand/- U T