Prakash Das @ Prakash Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43446 of 2022 Arising Out of PS. Case No.-46 Year-2022 Thana- BELHAR District- Banka ====================================================== PRAKASH DAS @ PRAKASH KUMAR DAS Son of Anandi Das @ Anandi Ravidas Resident of Village - Lilavaran, P.s.- Belhar, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 448, 341, 323, 504, 506 and 34 of the Indian Penal Code. Allegation against the petitioner is that he has entered into the house of the informant and assaulted her. It is further alleged that petitioner has snatched away Rs.15,000/- and also one smartphone worth Rs. 15,000/- from the possession of the informant

Patna High Court CR. MISC. No.43446 of 2022(2) dt.29-11-2022 2/2 Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that from the perusal of the F.I.R. it is clear that there is dispute between the parties on the basis the petitioner is made accused in this case. He submits that there is no specific allegation against the petitioner of committing the theft. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. Learned APP for the state vehemently opposes the prayer for bail and submitted that as there is specific allegation against the petitioner, hence he does not deserve bail. Considering the facts and circumstance of the case as well as there is specific allegation against the petitioner, I am not incline to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Belhar P.S. Case No. 46 of 2022.

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