Patna High CourtCR. MISC./42760/2014dismissed

Mohit Agrawal @ Mohit Kumar Agrawal @ Manu Kumar v. The State Of Bihar

2015-03-20Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 42760 of 2014 Arising Out of PS.Case No. -1 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Mohit Agrawal @ Mohit Kumar Agrawal @ Manu Kumar Son of Manoj Agrawal @ Manoj Kumar Agrawal Resident of Mohalla - Shankar Chowk Old Exchange Road Ward No. 10, Police Station + District - Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 20-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Sitamarhi P.S. Case No. 1 of 2014 dated 01.01.2014 instituted under Sections 341/324/307/504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that it is a case of false implication inasmuch as the petitioner along with the victim and another co-accused after having liquor had returned to their houses but the victim seems to have fallen on the road resulting in injury but at the instance of the family members, the victim had lodged this false case. Learned A.P.P. opposes the prayer for anticipatory bail and submits that three incised wounds have been found on the skull, right parietal region and back of the

Patna High Court Cr.Misc. No.42760 of 2014 (2) dt.20-03-2015 2/2 chest caused by sharp object and thus the allegation of assault by knife gets corroborated.

Considering the facts and circumstances of the case and the specific nature of allegation against the petitioner, this Court is not inclined to enlarge the petitioner on anticipatory bail.

The application, accordingly, stands dismissed.

However, in the event the petitioner surrenders and prays for regular bail before the Court below, the same shall be considered on its own merits without being prejudiced by the present order of rejection. (Ahsanuddin Amanullah, J.) Anand Kr.

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