Nagendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35436 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== NAGENDRA BHAGAT SON OF LATE NUNNU BHAGAT @ ACHECHELAL BHAGAT RESIDENT OF VILLAGE- BAHDINPUR, PS -PAROO, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard the parties.

2.

The petitioner apprehends his arrest in connection with Paroo P.S. Case No.95 of 2022, registered for the offence punishable under Sections 302/34 of the Indian Penal Code. 3.

The allegation against the petitioner is that he along with other co-accused persons killed the son of the informant by brutally assaulting him.

4.

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.35436 of 2023(2) dt.27-07-2023 2/2 petitioner. He further submits that the post mortem report does not support the case of prosecution. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner is also involved in the present case.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, 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) shikha/- U T