Deepak Kumar @ Molu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31751 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Deepak Kumar @ Molu Kumar S/O Lalan Prasad Resident Of Mohalla Mangal Akhada, Kali Asthan, P.S.- Malsalami, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-10-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 149, 120B and 302 of the Indian Penal Code.

Petitioner is said to have killed the son of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the six named

Patna High Court CR. MISC. No.31751 of 2022(3) dt.20-10-2022 2/2 accused persons including the petitioner went to the house of the deceased to call him at about 8.30PM on 11.03.2022 but the FIR has been lodged on 12.03.2022 at about 10.30AM and it raises serious doubt against the allegations made in the FIR. He submits that petitioner had no motive to be indulged in such criminal activity. Petitioner is a student. He further submits that petitioner has 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 petitioner is involved in the present case.

Considering the facts and circumstances of the case and 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 Malsalami P.S. Case No. 138 of 2022.

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