Mantu Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4038 of 2022 Arising Out of PS. Case No.-22 Year-2014 Thana- KAJRA District- Lakhisarai ====================================================== MANTU KORA S/O CHANDRIKA KORA @ CHANDARIKA KORA R/o village- Ghogharghati, P.S.- Kajra, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 427, 436, 120(B) of the Indian Penal Code, Sections 3 and 4 of the Explosive Substance Act and Sections 10 and 13 of the U.A.P. Act.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases and no doubt the allegation in the FIR appears to be serious but then the time of occurrence is 12:55 a.m., in the morning, and the petitioner was identified by the local Chawkidar. Learned counsel next submits that it absolutely does not stand to reason that how come the

Patna High Court CR. MISC. No.4038 of 2022(2) dt.17-08-2022 2/2 local Chawkidar, who was not even on duty on the date of occurrence, claims to have identified the petitioner. Learned counsel also submits that on account of antecedent of the petitioner, the police falsely implicated him by falsely alleging that he was identified by the local Chawkidar. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that there is allegation of committing blast in the Harizan Hostel and the local Chawkidar has claimed to identify the petitioner who was present along with other co-accused persons as mentioned in the FIR.

Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Kajra P.S. Case No. 22 of 2014 pending in the Court of learned Judicial Magistrate, 1st Class, Lakhisarai/successor Court. Accordingly, prayer for anticipatory bail is refused. (Satyavrat Verma, J) Kundan/- U T