Patna High CourtCR. MISC./81603/2024dismissed

Prabhu Dayal Pandey v. The State Of Bihar

2025-01-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81603 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- DORIGANJ District- Saran ====================================================== PRABHU DAYAL PANDEY S/o- Late Awadh Kishore Pandey village/mohalla- Chiran Ps- Doriganj Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Doriganj P.S. Case No. 129 of 2023 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 379, 506, 504 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including this petitioner brutally assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He fairly submits that the allegation against the petitioner is of assaulting

Patna High Court CR. MISC. No.81603 of 2024(2) dt.17-01-2025 2/2 the injured person by means of sword. He further submits that the there is case and counter case between the parties and both sides have sustained injury. He next submits that although the injured persons had sustained only simple injury, one of them had sustained grievous injury on the head caused by a hard and blunt substance. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that specific overt act has been attributed against the petitioner.

6. Considering the facts and circumstances of case and the nature of the injury, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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