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Patna High CourtCR. MISC./51955/2021dismissed

Jalandhar Sah @ Jalandhar @ Jlandhar Sah v. The State Of Bihar

2022-06-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51955 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== JALANDHAR SAH @ JALANDHAR @ JLANDHAR SAH Son of Nevalal Sah @ Nevlal Sah Resident of Gadhsisai, P.S.- Vidyapati Nagar, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2022 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 four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302/34 of the IPC. Allegedly, the son of the informant has been killed by the FIR named accused persons including the petitioner by slitting his throat and the dead body was thrown near the pond. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.51955 of 2021(3) dt.22-06-2022 2/2 has been falsely implicated in this case due to previous enmity and on suspicion. 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. There is no eye witness to the alleged occurrence. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is direct allegation against the petitioner and others to have taken the son of the informant along with them in the night and in the case diary also there is ample evidence against the petitioner. Having regard to the facts and circumstances of the case, considering that there is specific allegation against the petitioner, I am not inclined to enlarge the petitioner named above on bail. Prayer for grant of anticipatory bail on behalf of the petitioner is hereby rejected.

This application stands dismissed.

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