Mantu Sharma @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7861 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== MANTU SHARMA @ MANTU KUMAR SON OF SATYENDRA SINGH R/O VILL.- KHAPURI, P.S.- DULHIN BAZAR, DIST.- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Sarvan Kumar For the Opposite Party/s :

Mr. Arvind Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in Ranitalab P.S. Case No.105 of 2020 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act pending in the Court of learned Additional Sessions Judge-VII, Danapur, Patna.

The prosecution case, in short, is that the accused persons fired at the elder brother of the informant due to which he sustained injuries and later died.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.7861 of 2021(2) dt.29-11-2021 2/3 that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to village politics and enmity. The petitioner is not named in the F.I.R. His name has been transpired in this case on the basis of confessional statement of co-accused, Ritesh Kumar. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is also submitted that the similarly situated coaccused, Pawan Sharma has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 17.03.2021 passed in Cr. Misc. No.34340 of 2020. The petitioner has two criminal antecedents.

Learned APP for the State vehemently opposing the bail petition submitted that though the petitioner is not named in the F.I.R. but there is ample material in the case diary to support his accusation.

Considering the facts and circumstances of case and particularly considering the criminal antecedents, 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

Patna High Court CR. MISC. No.7861 of 2021(2) dt.29-11-2021 3/3 the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U