Dinesh Kaura v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22705 of 2022 Arising Out of PS. Case No.-30 Year-2020 Thana- LADAIYATAR District- Munger ====================================================== 1.

Dinesh Kaura Son Of Late Lukhar Kaura Resident Of Village - Panchrukhi Ps - Dharhara District - Munger 2.

Bimal Kaura Son Of Late Lukhar Kaura Resident Of Village- Panchrukhi, P.S- Dharhara, Dist- Munger ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Dilip Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302 and 120(B) of the Indian Penal Code.

Accordingly to the prosecution case, due to land dispute petitioners along with other co-accused are said to have murdered the brother of the informant Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that similarly

Patna High Court CR. MISC. No.22705 of 2022(4) dt.10-11-2022 2/2 situated co-accused has already been granted bail by a Bench of this Court vide order dated 12.02.2022 passed in Cr. Misc. No. 22690 of 2021. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that the process of Sections 82 and 83 of Cr.P.C. is completed, therefore, anticipatory bail is not maintainable. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail in connection with Lariyatar P.S. Case No. 30 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T