IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24526 of 2021

Arising Out of PS. Case No.-299 Year-2019 Thana- NARDIGANJ District- Nawada

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Rajesh Choudhary S/O Ramkhelawan Choudhary R/O Village- Pesh, P.S.-

Nardiganj, District- Nawada

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Priyanka Singh

For the Opposite Party/s :

Mr. Madan Kumar

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

4

14-02-2023

Heard learned counsel for the parties.

Learned counsel for the petitioner undertakes to

remove the defects, if any, within three weeks.

The petitioner is apprehending his arrest in a case

registered for the offence punishable under Sections 341, 323,

307, 337, 379, 504/34 of the Indian Penal Code and later on

Section 302 of the IPC has been added.

Petitioner along with other accused persons came to

the house of the informant, abused her and instigated the

husband of the informant to came out from the house. Accused

persons entered into the house and assaulted the husband of the

informant as a result of which husband of the informant

received injury.

Learned counsel for the petitioner submits that the

petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.24526 of 2021(4) dt.14-02-2023

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case due to land dispute. He submits that there is no specific

overt act against the petitioner. There is general and omnibus

allegation levelled against the petitioner. He further submits that

petitioner has no criminal antecedent as stated in para-3 of this

application.

Learned APP for the State opposes the prayer for

bail and submits that the injured died during the course of

treatment after one month of occurrence. He further submits that

postmortem report has supported the prosecution case.

Considering the facts and circumstances of the

case, I am not inclined to enlarged the petitioner on bail.

Accordingly, his prayer for anticipatory bail is rejected in

connection with Nardiganj P.S. Case No. 299 of 2019.

However, if the petitioner surrenders before the learned

court below within a period of six weeks from today and prays

for regular bail, the same shall be considered by the learned

court below on the same day without being prejudiced by this

order.

devendra/-

(Anjani Kumar Sharan, J)

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