Bhola Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58631 of 2022 Arising Out of PS. Case No.-167 Year-2020 Thana- SIMRI District- Darbhanga ====================================================== BHOLA SAHNI Son of Pipat Sahani Resident of Village- Bhatauna, P.S.- Karja, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offences punishable under Section 392 of IPC. The prosecution story in brief is that informant is the owner of Pick Up Van. On 16.08.2020, informant along with driver of the said van was carrying buffalo from Kayamchak to Pipraucha but forced to stop between Kansi and Sobhan by a Scorpio then three to four miscreants forced the informant to board in the Scorpio and also beaten up. It is further alleged that two more persons were also with informant and they were also forced to board in the Scorpio.

It is submitted by learned counsel for the petitioner that he is quite innocent and has not committed any offence as alleged in the aforesaid FIR. He has been falsely implicated in

Patna High Court CR. MISC. No.58631 of 2022(2) dt.03-01-2023 2/2 this case due to personal grudge, enmity and local politics. He further submits that this case has been registered against unknown and he has been implicated in this case on the confessional statement of co-accused. He further submitted that accused-petitioner has no hand in the alleged incident. No any incriminating article has been recovered from the possession of the petitioner. He further submits that similarly situated coaccused has been granted anticipatory bail by the co-ordinate bench of this Court. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail by submitting that petitioner is also involved in the present case. Having regard to the facts and circumstances of the case, I am not inclined to enlarge him on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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