Avadhesh Sah @ Awadhesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29999 of 2023 Arising Out of PS. Case No.-186 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== AVADHESH SAH @ AWADHESH SAH son of Hemant Lal Sah R/oChitrakut Nagar, Road no-8, Bibi Ganj, Ps- Sadar, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Rajpati, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP For the Informant :

Mr.Manoj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

Petitioner apprehends his arrest in connection with Motipur P.S. Case No.186 of 2022, registered for the offence punishable u/s 302 of the IPC.

3.

As per the prosecution case, the petitioner assaulted the informant's father by means of iron rod for demand of excess fare of tempo and snatched Rs.50,000/- from him. 4.

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 due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the petitioner had given some

Patna High Court CR. MISC. No.29999 of 2023(2) dt.14-07-2023 2/2 money to the informant and when the petitioner demanded the same back, informant has falsely implicated in this case. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that there is specific allegation against the petitioner to assault the father of the informant, who later on died in the hospital.

6.

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. 7.

This application is accordingly dismissed.

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