Avinash Yadav @ Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32442 of 2022 Arising Out of PS. Case No.-116 Year-2021 Thana- SINGHIYA District- Samastipur ====================================================== AVINASH YADAV @ AVINASH KUMAR SON OF JAGDISH YADAV R/O- VILL- JHAJHARA, P.S.- KUSHESHWAR ASTHAN, DIST.- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2023 Heard the parties.
The petitioner apprehends his arrest in connection with Singhia P.S. Case No.116 of 2021, registered for the offence punishable under Sections 302, 394/34 of the Indian Penal Code and 27 of Arms Act.
The allegation against the petitioner is that the petitioner is involved in the murder of the son of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the
Patna High Court CR. MISC. No.32442 of 2022(6) dt.21-02-2023 2/2 petitioner. Petitioner is not named in the FIR, during the course of investigation one person was apprehended and he disclosed the name of the petitioner and other co-accused persons. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner.
Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.
(Anjani Kumar Sharan, J) shikha/- U T