← Library
Patna High CourtCR. MISC./86494/2023rejected

Chandan Kumar @ Chandan Kumar Ray v. The State Of Bihar

2024-03-19Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86494 of 2023 Arising Out of PS. Case No.-754 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Chandan Kumar @ Chandan Kumar Ray Son Of Rambhroas Ray Resident Of Village- Basantpurpatti Bakhra, P.S.- Saraiya, District- ,MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-03-2024 Heard Mr.Raju Kumar, learned counsel for the petitioner and Mr.Ram Bilash Roy Raman, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Saraiya P.S.Case No.754 of 2022, FIR dated 15.10.2022, registered for the offences punishable under Sections 341,323, 324,325,307, 379,504,506/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he assaulted to the informant with wooden log and by the nail of the said wooden, the eye of the informant was badly injured.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the

Patna High Court CR. MISC. No.86494 of 2023(3) dt.19-03-2024 2/2 FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that from a bare perusal of the FIR it appears that there is direct and specific allegation against the petitioner that he assaulted to the informant and the injury report of the injured person, namely, Deepak Kumar suggests that the injury is grievous in nature.

6. Considering the aforesaid facts, there is direct and specific allegation against the petitioner that he assaulted to Deepak Kumar and injury report of of Deepak Kumar suggests that the injury is grievous in nature, I am not inclined to grant the privilege of of anticipatory bail to the petitioner in connection with Saraiya P.S.Case No.754 of 2022 pending in the court of learned Additional Chief Judicial Magistrate-IV, West Muzaffarpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T