Brajkishor Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51774 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== BRAJKISHOR BHAGAT Son of Late Nathuni Bhagat Resident of VillageKolhua Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Prakash Shrarma For the Opposite Party/s :

Mr. Satyendra Narayan Singh Mr. Yugal Kishore Ms. Rupa Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Ahiyapur P.S. Case No.212 of 2020, registered for the offences punishable under Sections 341, 323, 379, 406, 420, 504, 506 and 34 of the Indian Penal Code and Section 138 of N.I. Act. The informant is said to have given Rs.12,60,000/- to the petitioner for purchasing a piece of land, but the petitioner has neither executed the sale deed in favour of the informant nor has he returned the money. On 20.12.2019, the petitioner along with four unknown persons came on a Scorpio vehicle near Brahm Asthan Bariya Gandhi Nagar and started creating scene after consuming liquor. When the informant objected, the petitioner started assaulting him with iron rod and took away his

Patna High Court CR. MISC. No.51774 of 2021(3) dt.22-06-2022 2/2 chain and rings made of gold and also Rs.45,000/- from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the occurrence took place on 20.12.2019, but the FIR was lodged on 20.02.2020 without giving any explanation. It is also submitted that the petitioner has got no criminal antecedent as stated in paragraph3 of the bail application. By order dated 06.05.2022, case diary of Ahiyapur P.S. Case No.212 of 2020 was called for and in paragraph-40 of the case diary, it is mentioned that the petitioner has got two criminal antecedents.

In view of the fact that the petitioner has suppressed his criminal antecedent in paragraph-3 of the bail application, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T