Patna High CourtCR. MISC./74557/2023dismissed

Bipin Kumar Mahto v. The State Of Bihar

2023-12-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74557 of 2023 Arising Out of PS. Case No.-325 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== BIPIN KUMAR MAHTO SON OF RAMSUBHAG MAHTO R/O VILLAGE- MUSAPUR, P.S.- SARAIRANJAN (GHATHO O.P.), DIST.- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 Heard the parties.

2. The petitioner apprehends his arrest in connection with Sarairanjan P.S. Case No.325 of 2022, registered for the offence punishable under Sections 341, 342, 323, 324, 325, 379, 447, 147, 149, 307 of the Indian Penal Code and Section 27 of Arms Act.

3. The allegation against the petitioner is that he along with other co-accused persons assaulted Vikash Kumar by means of several weapons.

4. 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

Patna High Court CR. MISC. No.74557 of 2023(2) dt.01-12-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that there is no specific overt act against the petitioner. Petitioner has two criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the bail application of similarly situated co-accused persons have been rejected by this Court vide order dated 31.10.2023 passed in Cr. Misc. No.60633 of 2023.

6. 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.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law.

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