Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64421 of 2021 Arising Out of PS. Case No.-42 Year-2021 Thana- SISWAN District- Siwan ====================================================== SANJAY SINGH Son of Late Radha Kishun Singh Resident of Village - Baghauna, P.S.- Siswan, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramadhar Shekhar, Adv.

For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP Mr.Chandra Mohan Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in connection with Siswan P.S. Case No.42/2021, registered for the offence punishable u/s 363 IPC and later on sections 364, 201, 120B, 302 of the IPC has been added.

As per F.I.R. son of the informant aged 5 years went missing from his house.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R. and has been made accused in this case due to political rivalry. He has been falsely implicated in this case. No such occurrence, in the manner as

Patna High Court CR. MISC. No.64421 of 2021(3) dt.07-02-2023 2/2 alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. During course of investigation, on the basis of blood stained vest of the deceased child, the sniffer dog indicated the house of petitioner and on that basis petitioner has been made accused along with others on suspicion. No recovery has been made from the conscious physical possession of the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that the petitioner is also involved in the alleged occurrence and it is a heinous nature of offence. Having regard to the facts and circumstances of the case, considering the nature of allegation and the investigation of the I.O., I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is rejected. This application is accordingly dismissed.

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