Kalicharan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74179 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- BANKA District- Banka ====================================================== Kalicharan Das Son of Mahadev Das Resident of Village- Lakrikola, P.O.- Manjeera, P.S.- Banka, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar, Adv For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard the parties.

2.

The petitioner apprehends his arrest in connection with Banka P.S. Case No.108 of 2024, registered for the offence punishable under Sections 341, 323, 308, 504, 34 of the Indian Penal Code.

3.

As per the FIR, the allegation against the petitioner is that he assaulted the informant by means of khanti due to which he sustained injury.

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. There is no specific overt act against the

Patna High Court CR. MISC. No.74179 of 2024(2) dt.28-10-2024 2/2 petitioner. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the injury of the informant is grievous in nature and the same is apparent from the perusal of the impugned order.

6.

Having regard to the facts and circumstances of the case as the injury is of grievous nature, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

Accordingly, this application is dismissed.

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