Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75609 of 2024 Arising Out of PS. Case No.-238 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Abhay Kumar Son of Vijay Sah Resident of Villaer - Serwa Noniya Tola, Ward No.4, P.S. - Lauriya, District - West champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-01-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking anticipatory bail in connection with Lauriya P.S. Case No.238 of 2024 lodged on 18.07.2024 under Sections 341, 323, 324, 379, 354, 504, 506 and 34 of the I.P.C.

3. As per the prosecution, As per the prosecution case, the F.I.R. has been lodged against 5 named accused persons including the petitioner against whom the informant has alleged that the accused persons started destroying her water tank with Rambha. When she opposed, they assaulted her by Rambha and received injury and snatched her Malgalsutra. In the meantime, her husband was also assaulted on his head when he came to rescue her.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.75609 of 2024(3) dt.29-01-2025 2/2 petitioner is innocent and has committed no offence. He submits that the petitioner has been falsely implicated in the present case.

5. Learned Counsel further submits that both informant and petitioner are resident of same village and they are well-known to each other and due to enmity, he has been made accused in this case.

6. Learned Counsel further submits that petitioner's antecedent is clean.

7. Learned counsel for the State opposes the prayer for bail and submits that the petitioner has assaulted on the head of the informant.

8. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected. (Dr. Anshuman, J.) Prakashmani/- U T