Prashant Kumar @ Prashant Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67336 of 2022 Arising Out of PS. Case No.-481 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Prashant Kumar @ Prashant Pandey Son Of Mr. Ram Samejan Pandey R/VSonbarsa, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 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 302/34 of the Indian Penal Code.
Petitioner along with other accused persons are said to have killed the son of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no eye witness of the occurrence and only on suspicion, the petitioner has been made accused in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has criminal antecedent as stated in para-3 of this application.
Patna High Court CR. MISC. No.67336 of 2022(2) dt.25-02-2023 2/2 Learned APP for the State opposes the prayer for bail and submits that it is a case of heinous crime and deceased was murdered because he had love affair with the daughter of co-accused.
Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Kanti P.S. Case No. 481 of 2021.
However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T