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Patna High CourtCR. MISC./68222/2021rejected

Amar Kumar v. The State Of Bihar

2022-09-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68222 of 2021 Arising Out of PS. Case No.-184 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== AMAR KUMAR Son of Ashok Poddar Resident of village - Salha, P.S.- Jandaha, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jandaha P.S. Case no. 184 of 2021 instituted for the offence punishable under Sections 307, 363/34 of the Indian Penal Code.

It is a case of assaulting to the informant and kidnapping of his grandson.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Both parties are co-villagers and due to dirty village politics, petitioner has been falsely implicated in this case. He has got no criminal antecedent. No injury report is brought on

Patna High Court CR. MISC. No.68222 of 2021(4) dt.26-09-2022 2/2 record even in impugned order, nature of injury is not mentioned. The seized motorcycle, recovered from the place of occurrence, does not belong to the petitioner. Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner is named in the FIR and he was identified by the informant. One of the co-accused along with this petitioner had abducted the grandson of the informant and thereafter, at some distance, a motorcycle was recovered which was used for the offence. After investigation, the case was found true against this petitioner. Para-13 of the case diary shows that informant sustained lacerated wound on his left hand.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U