Abhijit Jha @ Abhijit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55632 of 2022 Arising Out of PS. Case No.-219 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== Abhijit Jha @ Abhijit Kumar Jha Son Of Late Varun Jha R/V- Rasidpur, P.SBahera Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to personal grudge, previous enmity and land dispute. He submits that the petitioner has no hand in the alleged incident. He submits that no case under Section 307 and 302 of the IPC is made out against the petitioner and rest of the offence are bailable in nature. He submits that no incriminating article has been found from the possession of the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as

Patna High Court CR. MISC. No.55632 of 2022(2) dt.19-12-2022 2/2 stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the witnesses of the case diary have supported the prosecution case. He submits that the police prepared inquest report of the deceased in which the police found injuries on the head and other parts of the body of the deceased. In the postmortem report, the doctor who conducted postmortem examination, stated that injuries were found on the parietal and occipital region of the head of the deceased. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Manigachhi (Wajitpur OP) P.S. Case No. 219 of 2021. (Anjani Kumar Sharan, J) devendra/- U T