Patna High Court/31843/2023dismissed

Sudama Yadav v. The State Of Bihar

2023-09-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31843 of 2023 Arising Out of PS. Case No.-637 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== Sudama Yadav Son Of Late Kameshwari Prasad @ Kameshwar Prasad Yadav R/V- Mauji Ps- Hasanpur Dist- Samastipur Village- Jhugi Jhopri Near At The North Boundary Of Central School Ps- Patrakar Nagar Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 302 of the Indian Penal Code.

3. Petitioner is said to have assaulted the deceased by means of iron rod.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no eye witness of the occurrence and only on the basis of suspicion, he has been made accused in this case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposing the prayer

Patna High Court CR. MISC. No.31843 of 2023(4) dt.18-09-2023 2/2 for bail submits that there is sufficient material available in the case diary against the petitioner. He further submits that on the basis of CCTV footage, petitioner has been made accused in this case.

6. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Patrakar Nagar P.S. Case No. 637 of 2022.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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