Abhishek @ Laddu Lal @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7991 of 2022 Arising Out of PS. Case No.-103 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== ABHISHEK @ LADDU LAL @ ABHISHEK KUMAR SON OF SANJAY SINGH @ SANJAY KUMAR R/O VILLAGE- PAHSARA, P.S.- NOWKOTHI, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 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 apprehends his arrest in connection with Nowkothi P.S. Case No.103 of 2021, registered for the offence punishable under Sections 302, 120(B), 34 of the Indian Penal Code and section 3/4 of the Explosive Substance Act. Allegedly, the F.I.R. named accused persons including

Patna High Court CR. MISC. No.7991 of 2022(2) dt.01-08-2022 2/3 some unknown persons have assaulted the son of the informant and thereafter explode a bomb there, due to which the informant's son died at the spot.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the FIR and has been falsely implicated in this case only on suspicion. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner rather the allegation is general and omnibus in nature. It is submitted that the specific allegation is against the co-accused Aman @ Chunwa of exploding the bomb over Bablu Mahto. The name of petitioner transpired in the case on the basis of confessional statement of three accused persons. Petitioner has one criminal antecedent bearing Nowkothi P.S. Case No.104 of 2021, which was lodged on the same date of occurrence.

Learned APP for the State opposed the prayer for anticipatory bail and submits that three accused persons have confessed the name of petitioner and others involved in the commission of this offence of exploding bomb. He further submits that this fact is clear from the impugned order also. Having regard to the facts and circumstances of the case,

Patna High Court CR. MISC. No.7991 of 2022(2) dt.01-08-2022 3/3 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.

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