Ajay Chaudhary @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83365 of 2019 Arising Out of PS Case No.-170 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== Ajay Chaudhary @ Ajay Kumar, aged about 23 years, Gender- Male Son of Vijay Chaudhary, Resident of Village- Bichla Telpa, P.S.- Chapra Town, District- Sarant at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the State :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Chapra Town PS Case No. 170 of 2019 dated 28.03.2019 instituted under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

3. The allegation against the petitioner and others is of assault and specifically against the petitioner and two others by knife.

4. Learned counsel for the petitioner submitted that the parties are agnates and there is also a counter case. Learned counsel submitted the counter case is one day prior to the present

Patna High Court CR. MISC. No.83365 of 2019 dt.08-01-2020 2/2 case. It was further submitted that the petitioner is a student having no criminal antecedent and that similarly situated coaccused Nilam Devi and Sanjay Chaudhary have been granted anticipatory bail by a co-ordinate Bench by order dated 21.08.2019 in Cr. Misc. No. 52176 of 2019.

5. Learned APP submitted that the petitioner is also said to have inflicted knife blow on the victims and the injury report corroborates the same as three incised wounds caused by sharp weapon has been recorded by the doctor.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, the application stands dismissed.

8. However, if the petitioner surrenders before the Court below and prays for bail, the same shall be considered on its own merit, without being prejudiced by the present order. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T