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Patna High CourtCR. MISC./72087/2023dismissed

Deepak Mahto @Tuntun @ Tuntun Kumar v. The State Of Bihar

2024-01-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72087 of 2023 Arising Out of PS. Case No.-80 Year-2023 Thana- BANKA District- Banka ====================================================== Deepak Mahto @TUNTUN @ Tuntun Kumar S/O Late Jyotish Mahto R/O Village-Goabakhar, P.S.-BANKA, Dist.-BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vagisha Pragya Vacaknavi For the Opposite Party/s :

Mr.Raj Ballabh Singh For the Informant Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 302, 120(B) and 34 of the Indian Penal Code.

3. Earlier, prayer for anticipatory bail of the petitioner was rejected vide order dated 08.09.2023 passed in Cr. Misc. No. 25588 of 2023 on the ground of suppression of criminal antecedent.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to suspicion. Learned counsel for the petitioner has filed the supplementary affidavit in which it is stated that the

Patna High Court CR. MISC. No.72087 of 2023(4) dt.05-01-2024 2/2 petitioner has four criminal antecedents. He submits that all false criminal cases are instituted by the same family and relatives of Shambhu Sharan Manjhi due to dirty political enmity as well as social hostility. He submits that there is contradiction in the written report of the informant.

5. Learned APP for the State and learned counsel for the informant oppose the prayer for bail.

6. Considering the facts and circumstances of the case and 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 Banka P.S. Case No. 80 of 2023. (Anjani Kumar Sharan, J) devendra/- U T