Sital Thakur @ Sital Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4221 of 2022 Arising Out of PS. Case No.-197 Year-2021 Thana- BABUBARHI District- Madhubani ====================================================== SITAL THAKUR @ SITAL KUMAR THAKUR Son of Ramsagar Thakur @ Upendra Thakur Resident of Village- Baruar, P.S.- Babubarhi, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Sital Thakur, Adv Mr. Gagan Deo Yadav, Adv Mr. Ravi Prakash, Adv For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehend his arrest in a case registered for the offence punishable under sections 392, 397 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused persons assaulted the son of the informant by means of dabiya with an intention to kill him, due to which he sustained injuries.

Patna High Court CR. MISC. No.4221 of 2022(2) dt.14-07-2022 2/2 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. No such occurrence, in the manner as alleged, has ever taken place and the entire prosecution case is fully concoction and fabrication. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The occurrence took place on 24.08.2021 and the F.I.R. was lodged on 27.08.2021 i.e. after three days of the occurrence, without giving any plausible explanation regarding the delay. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and on perusal of the injury report, it is evident that the injuries are grievous in nature, as such, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly, dismissed.

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