Patna High CourtCR. MISC./15790/2022dismissed

Binod Sah @ Binod Kumar Sah v. The State Of Bihar

2022-08-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15790 of 2022 Arising Out of PS. Case No.-369 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== BINOD SAH @ BINOD KUMAR SAH S/o Late Bednarayan Sah @ Late Deep Narayan Sah Resident of Village - Chhapra Manorath, P.S.- Kanti, Dist. - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Nitu Kumari, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2022 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 a case registered for the offence punishable u/s 302/34 of the Indian Penal Code. The allegation against the petitioner is of badly assaulting the father-in-law of the informant on demand of the outstanding wages. The victim died in course of treatment. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.15790 of 2022(2) dt.11-08-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that the parties have compromised the case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is specific overt act against the petitioner.

Having regard to the facts and circumstances of the case, considering that there is specific allegation against the petitioner to have assaulted the victim leading to his death, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is rejected.

This application is accordingly dismissed.

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