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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73172 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- TIKAPATTI District- Purnia ====================================================== ABHINANDAN KUMAR MANDAL @ ABHINANDAN KUMAR Son of Pramod Kumar Mandal @ Pramod Kumar @ Pramod Mandal @ Kumod Kumar R/V- Belthi Maheshpur, P.S- Kursela, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhas Ranjan For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Tikapatti P.S. Case No.58 of 2022, registered for the offence punishable under Sections 147, 149, 323, 365 and 302 of the Indian Penal Code.

The allegation against the petitioner is that he is involved in the murder of the son of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.73172 of 2022(3) dt.21-04-2023 2/2 omnibus in nature. There is no specific overt act against the petitioner. He is not named in the FIR, and has been made accused in the present case only on the basis of confessional statement of co-accused Ramshankar Kumar. He further submits that there is no eye witness in the present case and petitioner has been roped in this case on suspicion. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that from the perusal of the case diary it is apparent that there is ample of evidence against the petitioner in it.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly, dismissed.

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