Taplal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14901 of 2023 Arising Out of PS. Case No.-376 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== TAPLAL MAHTO S/O RAGHUNATH MAHTO R/v- Mauja Ward No. 15, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Raxaul P.S. Case No.376 of 2022, registered for the offence punishable u/s 302, 201/34 of the IPC.

Allegedly, the F.I.R. named accused persons including the petitioner are said to have killed the son of the informant. 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 merely on suspicion. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no evidence against the petitioner in the case diary. He has one criminal

Patna High Court CR. MISC. No.14901 of 2023(3) dt.22-06-2023 2/2 antecedent.

Learned APP for the State opposed the prayer for bail by submitting that petitioner is involved in the murder of the son of the informant, which is evident from the F.I.R. itself. Having regard to the facts and circumstances of the case and considering the nature of allegation, 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 the learned Court below would pass order, preferably, on the same day, in accordance with law, without being prejudiced of dismissal of this case.

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