Deepak Kumar @ Deepak Mahta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57464 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- BALUA BAZAR District- Supaul ====================================================== 1.

Deepak Kumar @ Deepak Mahta Son of Ram Pujan Mehta @ Pujan Mehta R/O Vill.- Darara Ward no.4, P.s.- Lalitgram O.P., Dist.- Supaul. 2.

Pujan Mehta @ Ram Pujan Mehta Son of Late Sonpi Mehta R/O Vill.- Darara Ward no.4, P.s.- Lalitgram O.P., Dist.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Adv For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsels for the parties.

2.

The petitioners apprehends their arrest in connection with Balua Bazar (Lalitgram O.P.) P.S. Case No.15 of 2024, registered for the offence punishable under Sections 147, 149, 323, 436, 379, 354, 504, 506 of the Indian Penal Code. 3.

As per the FIR, petitioners and other co-accused persons entered in the house of the informant set the house of the informant and also looted away jewellery and cash. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.57464 of 2024(3) dt.19-11-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is direct and specific allegation against the petitioners to set the house of the informant on fire.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

8..

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

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