Bhairo Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2736 of 2023 Arising Out of PS. Case No.-421 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== BHAIRO SAHNI S/O LATE UGAM SAHANI Resident of village- Kothiya, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Govindganj P.S. Case No.421 of 2022, registered for the offence punishable u/s 364/365/34 of the IPC.

Allegation against the petitioner and other accused persons is that of taking the brother of the informant with them on the pretext of getting good earning and thereafter, the brother of the informant has not returned.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.2736 of 2023(2) dt.28-03-2023 2/2 place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no eyewitness to the alleged occurrence. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that till date, the victim is traceless. Having regard to the facts and circumstances of the case, considering the gravity of the offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and learned court below would pass order, preferably on the same day, without being prejudiced of this order and in accordance with law.

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