Patna High CourtCR. MISC./60086/2022dismissed

Pradeep Kumar @ Pradeep Kumar Mandal v. The State Of Bihar

2023-03-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60086 of 2022 Arising Out of PS. Case No.-36 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== PRADEEP KUMAR @ PRADEEP KUMAR MANDAL Son of Prameshwar Mandal R/V- Mirachack, P.S- Industrial Area, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 427, 435, 436 r/w 34 of the IPC. As per prosecution case, some miscreants set fire to the house of the informant, which turned into ash. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The FIR has been lodged after delay of seven days of occurrence. Petitioner has one criminal antecedent.

Patna High Court CR. MISC. No.60086 of 2022(4) dt.21-03-2023 2/2 Learned APP for the State opposed the prayer for bail by submitting that petitioner has participated in the alleged occurrence and it is a serious nature of offence. Having regard to the facts and circumstances of the case and the nature of offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for grant of bail on his behalf is hereby rejected.

This application is accordingly dismissed.

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