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Patna High CourtCR. MISC./56550/2021dismissed

Mohan Pandit @ Rajesh Pandit @ Mohan Kumar Rajesh v. The State Of Bihar

2022-11-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56550 of 2021 Arising Out of PS. Case No.-339 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== MOHAN PANDIT @ RAJESH PANDIT @ MOHAN KUMAR RAJESH Son of Ramchandra Pandit Resident of Village - Najirpur, P.s.- Ujiyarpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Prakash Poddar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in connection with Ujiyarpur P.S. Case No.339 of 2020, registered for the offence punishable u/s 341, 323, 326, 307, 120B of the IPC and later on section 302 IPC was added.

Allegedly, the petitioner is said to have stabbed the fatherin-law of the informant repeatedly with an intention to kill him, due to which, her father-in-law died in course of treatment. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to prior enmity.

Patna High Court CR. MISC. No.56550 of 2021(4) dt.09-11-2022 2/2 Petitioner has no criminal antecedent. There is an admitted land dispute between the parties, therefore, petitioner has been implicated in this case.

Learned APP for the State opposed the prayer for bail and submits that there is specific allegation against the petitioner to stab the informant's father-in-law and postmortem report has fully supported the prosecution case.

Having regard to the facts and circumstances of the case, considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

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