Patna High CourtCR. MISC./70155/2019dismissed

Dharmendra Chaurasia @ Dharmendra Kumar Chaurasia v. The State Of Bihar

2019-11-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70155 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- TELHARA District- Nalanda ====================================================== DHARMENDRA CHAURASIA @ DHARMENDRA KUMAR CHAURASIA S/o Sunil Chaurasia R/o village and P.S.- Telhara, DistrictNalanda at Biharsharif ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Telhara P.S Case No.74 of 2019 dated 10.6.2019 corresponding to GR No.1141 of 2019 registered for offences punishable under Sections 147, 148, 149, 341, 342, 323,337, 338, 307 and 379 of the Indian Penal Code.

As per FIR, some accident took place in which one person was injured and there is allegation against named and several other unnamed accused persons that they have intercepted the owner and assaulted him.

Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against him. On the other hand the learned counsel for the informant

Patna High Court CR. MISC. No.70155 of 2019(2) dt.15-11-2019 2/2 has opposed the prayer for bail on the ground that there is specific allegation against this petitioner also of assault by lathi and the injury is also found on the person of driver, though simple in nature.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances and considering the nature of the case, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court and if possible to be disposed of on the same day.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U