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Patna High CourtCR. MISC./74057/2019dismissed

Chitranjan Kumar v. The State Of Bihar

2019-12-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74057 of 2019 Arising Out of PS. Case No.-781 Year-2017 Thana- PHULWARISHARIF District- Patna ====================================================== CHITRANJAN KUMAR Son of Vijay Yadav Resident of Village- Hinduni, P.S.- Phulwari Sharif, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagmani Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Phulwari Sharif P.S. Case No. 781 of 2017 for the offence registered under Sections 147, 148, 149, 427 and 436 of the Indian Penal Code.

The case of the prosecution in brief is that the informant is running a poultry farm and on 03.12.2017 several persons armed with various types of weapons had come to the poultry farm of the petitioner while raising slogans of "Jai Shri Ram" and had set the poultry farm of the petitioner on fire resulting in the same having been completely burnt resulting in loss of lakhs of rupees. It appears that the name of the petitioner has transpired in the present case subsequently during the course of investigation.

Patna High Court CR. MISC. No.74057 of 2019(3) dt.18-12-2019 2/2 The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case while he was in judicial custody in connection with another case i.e. Fulwari Sharif P.S. Case No. 778 of 2017, hence the petitioner deserves to be granted the privilege of anticipatory bail.

I have heard the learned counsel for the petitioner and considering the seriousness of the charges levelled as also considering the criminal antecedent of the petitioner, I do not find it appropriate to at least consider the case of the petitioner for grant of anticipatory bail, hence the present petition stands dismissed, however, liberty is granted to the petitioner to surrender before the learned court below within a period of four weeks from today and pray for grant of regular bail. It is further directed that in case the petitioner surrenders before the learned court below within a period of four weeks from today and pray for grant of regular bail, his bail petition shall be considered and preferably disposed off on the very same day. (Mohit Kumar Shah, J) S.Sb/- U T