Ramu Thakur @ Raju Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71706 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- CHORAUT District- Sitamarhi ====================================================== RAMU THAKUR @ RAJU SHARMA Son of Ram Swarth Sharma @ Pallu Thakur @ Palaru Thakur R/V- Bari Bihta Ward no. 2, P.S- Choraut, DistSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Garg For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 354(B), 427, 448, 379, 504 and 506 of the Indian Penal Code pending in the learned court below.

As per the FIR, all the accused persons armed with deadly weapons abused the started the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that there is delay of about 16 days in filing of the present FIR and there is no any explanation of it which creates

Patna High Court CR. MISC. No.71706 of 2022(2) dt.16-03-2023 2/2 serious doubt about the prosecution case. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submitted that the the injuries found upon the victim is grievous in nature and there is specific allegation against the petitioner to assault the informant. Hence, he does not deserve anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Choraut P.S. Case No. 61/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

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