Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84347 of 2023 Arising Out of PS. Case No.-555 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== SUDHIR KUMAR SON OF KAMESHWAR YADAV @ KAMESHWAR SINGH R/O VILLAGE- SEWAHI, BAZAR SAMITI, P.S.- DAUDNAGAR, DIST.- AURANGABAD, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Anand For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Daudnagar P.S. Case No.555 of 2023, registered for the offence punishable under Sections 354D, 341, 448, 307, 504, 506, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he teased the daughter and niece of the informant while they were going to attend coaching class. It is also alleged that on protest by the informant, the petitioner and other co-accused assaulted him by means of butt of pistol.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case due to previous enmity between the parties. No such occurrence, in the manner as

Patna High Court CR. MISC. No.84347 of 2023(2) dt.12-01-2024 2/2 alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is specific allegation against the petitioner to tease the daughter and niece of the informant.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law considering that some of the co-accused persons have been granted anticipatory bail by the learned Court below itself .

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