Krishna Mohan @ Krishna Mohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44282 of 2022 Arising Out of PS. Case No.-347 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== KRISHNA MOHAN @ KRISHNA MOHAN RAI S/O VIJAY RAI Resident of vilalge- Hemanpur Maksudpur, P.s.- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 326, 307 & 120B of the Indian Penal Code and Section 27 of the Arms Act.

The son of the informant is said to have been shot dead by the unknown miscreants.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case merely on suspicion and due to high handedness of police at the instance of his enemy. It is further submitted no eye witness has supported the prosecution case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.44282 of 2022(3) dt.20-02-2023 2/2 specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the offence, the petitioner does not deserve anticipatory bail. Considering the facts and circumstances of case and particularly the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T