Rajendra Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25810 of 2023 Arising Out of PS. Case No.-118 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== RAJENDRA PANDIT S/O DHANNU PANDIT Resident of Village- Saidpur Jahid, P.S.- Samastipur, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar For the Opposite Party/s :
Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Musrigharari P.S. Case No. 118 of 2022 registered for the offences punishable under Section 302/34 of the Indian Penal Code. The petitioner is said to have killed the mother of the informant and hung the dead body in electric tower. 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 merely on suspicion. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the postmortem report does not support the prosecution case. The petitioner has no criminal antecedent as mentioned in para-3 of
Patna High Court CR. MISC. No.25810 of 2023(2) dt.12-07-2023 2/2 this application.
Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of allegation levelled against the petitioner, 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, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T