Patna High CourtCR. MISC./78995/2023dismissed

Ajay Kumar Prasad @ Ajay Kumar Singh v. The State Of Bihar

2023-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78995 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- BARHARIA District- Siwan ====================================================== Ajay Kumar Prasad @ Ajay Kumar Singh S/O Motilal Singh VillageGoneyar, Ps. Thawe, Dist. Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 324, 326(A), 504, 506 and 34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, there is allegation against the petitioner that he assaulted the brother of the informant.

4. 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 no allegation of repetition of blow is attributed against the petitioner, hence, no offence under Section 307 of Indian Penal Code is made out against the petitioner. He submits that the petitioner is a student of

Patna High Court CR. MISC. No.78995 of 2023(2) dt.12-12-2023 2/2 computer and he was not present on the spot and he was in Bokaro. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the injured person received three injuries out of which one is grievous in nature. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the injury, I am not inclined to enlarge the petitioner on bail in connection with Barharia P.S. Case No. 510 of 2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

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