Mathura Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34608 of 2020 Arising Out of PS. Case No.-118 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== Mathura Prasad S/o Late Ramchandra Saw R/o Mohalla- Fazalganj, Sasaram, Warde No. 11, P.O. , P.S.- Sasaram (T), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP Mr. Santosh Chandra, Adv Mr. Bhaskar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 409, 419, 420 of the Indian Penal Code.

The allegation against the petitioner is that on demand of dues by the informant, he threatened to kill the informant. 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He states that the petitioner has never met with the informant on any point of time. He further submits that

Patna High Court CR. MISC. No.34608 of 2020(12) dt.21-07-2022 2/2 the said Om Sai Traders does not belongs to the petitioner. The informant has not filed any counter-affidavit till date in this regard. Petitioner has no criminal antecedent as also mentioned in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no material on record to suggest that the said Om Sai Traders belongs to the petitioner, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Daudnagar P.S. Case No. 118 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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