Munna Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65499 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- DHANARUA District- Patna ====================================================== MUNNA CHAUDHARY S/o Bundela Chaudhary R/o village- Sanda, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 342, 323, 324, 325, 307 and 504/34 of the Indian Penal Code. Prosecution case is that at about 19.00 hours on 17th March, 2019, the informant alleges the criminal act of the accused. He claims that they broke into his house and started abusing the informant. He manages to explain that the petitioner Munna Chaudhary waved a sharp weapon which had no any injuries to the informant while, he explains the cut on his thumb of left hand in attempt to safe guard himself from the wave of sharp weapon, waved by Buvidela Chaudhary. He also mentioned the threatening given by accused, when they were

Patna High Court CR. MISC. No.65499 of 2019(3) dt.18-12-2019 2/2 made to leave the place by gathering around.

Learned counsel for the petitioner submits that petitioner is innocent, has committed no offence and he has been falsely implicated in this case. He submits that similarly situated co-accused has been granted the regular bail by the learned court below itself. He further submits that petitioner has no criminal antecedent.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with Dhanaura P.S. Case No. 116 of 2019 pending before the court of the learned Judicial Magistrate, 1st Class, Masourhi, Patna Accordingly, the application is dismissed. However, petitioner is directed to surrender before the court below and prayer for regular bail and the learned court below will consider the bail application of the petitioner on the same day without being prejudiced by this order.

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