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Patna High CourtCR. MISC./49396/2021rejected

Jitendra Mahto @ Bhunda @ Jitendra Kumar v. The State Of Bihar

2022-05-16Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49396 of 2021 Arising Out of PS. Case No.-459 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== JITENDRA MAHTO @ BHUNDA @ JITENDRA KUMAR Son of Ram Niwash Mahto Resident of Village - Jamira, P.S.- Ara Muffasil, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Ara Nawada P.S. Case No. 459 of 2021 registered under Sections 302, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. Petitioner has got no criminal antecedent. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is named in the first information report. There is direct

Patna High Court CR. MISC. No.49396 of 2021(5) dt.16-05-2022 2/2 allegation against the petitioner of open firing due to which the brother of the informant sustained injury at his chest and he died. Hence, petitioner does not deserve to be enlarged on anticipatory bail.

Having considered the facts and circumstances of the case and the submissions advanced on behalf of the opposite party, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is rejected. (Arvind Srivastava, J) utkarsh/- U T