Dhiraj Kumar Mandal @ Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65571 of 2021 Arising Out of PS. Case No.-230 Year-2016 Thana- NATHNAGAR District- Bhagalpur ====================================================== Dhiraj Kumar Mandal @ Dhiraj Kumar Son Of Harilal Mandal Resident Of Village - Raghopur Haridaspur, P.S.- Nathnagar, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor 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 his arrest in a case registered for the offence punishable under Sections 302, 201 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case due to suspicion. He submits that there is no eye witness of the occurrence. He submits that there is no specific allegation against the petitioner. He submits that similarly situated co-accused has already been granted bail by a
Patna High Court CR. MISC. No.65571 of 2021(5) dt.26-09-2022 2/2 Bench of this Court vide order dated 03.07.2020 passed in Cr. Misc. No. 70411 of 2019. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that there was telephonic talk between the petitioner and the deceased prior to the occurrence. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Nathnagar P.S. Case No. 230 of 2016. (Anjani Kumar Sharan, J) devendra/- U T