Patna High CourtCR. MISC./1320/2023dismissed

Sunil Sahu @ Suneel Sahu v. The State Of Bihar

2023-03-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1320 of 2023 Arising Out of PS. Case No.-159 Year-2019 Thana- BAHERI District- Darbhanga ====================================================== Sunil Sahu @ Suneel Sahu Son Of Ganga Sahu R/O Village- Gaiwal, P.S.- Baheri, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Baheri P.S. Case No. 159 of 2019 registered for the offences punishable under Sections 341, 323, 342, 325, 307, 504, 379, 506 and 34 of the Indian Penal Code pending in the Court of learned A.C.J.M. IX, Darbhanga.

Allegation against the petitioner is that, he along with other co-accused persons entered into house of the informant and started abusing and assaulted the informant's side, and also looted Rs. 10,000/-. The petitioner hit on the head of the informant with iron rod.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to ulterior

Patna High Court CR. MISC. No.1320 of 2023(2) dt.21-03-2023 2/2 motive. He submits that there is case and counter case between the parties. He further submits that there is no criminal antecedent against the petitioner as mentioned in para 3 of this application.

Learned APP for the State vehemently opposing the bail petition submits that specific overt act has been attributed against the petitioner of assaulting the informant by iron rod. Hence, the petitioner does not deserve privilege of anticipatory bail.

Considering the facts and circumstances of case and the fact that there is specific overt act against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail on connection with Baheri P.S. Case No. 159 of 2019. The prayer for anticipatory bail of the petitioner is hereby rejected.

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