Sagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17004 of 2022 Arising Out of PS. Case No.-493 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== SAGAR SINGH Son of Sumendra Singh @ Somendra Singh Resident of Village- Khalwa, Police Station- Nautan, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mrs. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in Siwan Town P.S. Case No. 493 of 2021 registered for the offences punishable under Sections 419, 420 & 379/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case on the confessional statement of

Patna High Court CR. MISC. No.17004 of 2022(2) dt.17-08-2022 2/2 co-accused Anish Kumar, who was apprehended by the police. It is further submitted that petitioner is physically disabled and he cannot run. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Per contra, learned APP for the State vehemently opposing the bail petition submitted that from perusal of the impugned order, it appears that there is ample material in the case diary against the petitioner and witnesses of the case diary have also supported the prosecution case. Hence, the petitioner does not deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T